31**  I 

VJ  Z.7 

\ • Q I 


CONSTITUTION,  STATE  OF  WASHINGTON. 


PREAMBLE. 

WE,  THE  PEOPLE  OF  THE  STATE  OF  WASHINGTON,  GRATEFUL  TO  THE  SUPREME 
RULER  OF  THE  UNIVERSE  FOR  OUR  LIBERTIES,  DO  ORDAIN  THIS  CONSTITUTION. 

ARTICLE  I.  — DECLARATION  OF  RIGHTS. 

Section  1.  All  political,  power  is  inherent  in  the  p°werCal 
people,  and  governments  derive  their  just  powers  from 
the  consent  of  the  governed,  and  are  established  to 
protect  and  maintain  individual  rights. 

Sec.  2.  The  Constitution  of  the  United  States  is  the  supreme  law. 
supreme  law  of  the  land. 

Sec.  3.  No  person  shall  be  deprived  of  life,  liberty  Right  of  trial, 
or  property  without  due  process  of  law. 

Sec.  4.  The  right  of  petition,  and  of  the  people  of 
peaceably  to  assemble  for  the  common  good,  shall 
never  be  abridged. 

Sec.  5.  Every  person  may  freely  speak,  write  and  guarar?teedh 
publish  on  all  subjects,  being  responsible  for  the  abuse 
of  that  right. 

Sec.  6.  The  mode  of  administering  an  oath,  or  affir-  administered, 
mation,  shall  be  such  as  may  be  most  consistent  with 
and  binding  upon  the  conscience  of  the  person  to 
whom  such  oath,  or  affirmation,  may  be  administered. 

Sec.  7.  No  person  shall  be  disturbed  in  his  private  far0iJedeaffairs 
affairs,  or  his  home  invaded,  without  authority  of  law. 

Sec.  8.  No  law  granting  irrevocably  any  privilege, 
franchise  or  immunity  shall  be  passed  by  the  legisla- 
ture. 

Sec.  9.  No  person  shall  be  compelled  in  any  criminal 
case  to  give  evidence  against  himself,  or  be  twice  put conviction- 
in  jeopardy  for  the  same  offense. 

Sec.  10.  Justice  in  all  cases  shall  be  administered 
openly,  and  without  unnecessary  delay. 

(137) 


138 


STATE  CONSTITUTION. 


Religious 

liberty. 


Special  privi- 
leges shall  not 
be  granted. 


Writ  of  habeas 
corpus. 


Excessive  bail. 


Taking  of  pri- 
vate property. 


Sec.  11.  Absolute  freedom  of  conscience  in  all  matters 
of  religious  sentiment,  belief  and  worship,  shall  be 
guaranteed  to  every  individual,  and  no  one  shall  be 
molested  or  disturbed  in  person  or  property  on  account 
of  religion,  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  so  construed  as  to  excuse  acts  of  licentious- 
ness, or  justify  practices  inconsistent  with  the  peace 
and  safety  of  the  state.  No  public  money  or  property 
shall  be  appropriated  for  or  applied  to  any  religious 
worship,  exercise  or  instruction,  or  the  support  of  any 
religious  establishment.  No  religious  qualification 
shall  be  required  for  any  public  office  or  employment, 
nor  shall  any  person  be  incompetent  as  a witness  or 
juror  in  consequence  of  his  opinion  on  matters  of 
religion,  nor  be  questioned  in  any  court  of  justice 
touching  his  religious  belief  to  effect  the  weight  of  his 
testimony. 

Sec.  12.  No  law  shall  be  passed  granting  to  any 
citizen,  class  of  citizens,  or  corporation  other  than 
municipal,  privileges  or  immunities  which  upon  the 
same  terms  shall  not  equally  belong  to  all  citizens  or 
corporations. 

Sec.  13.  The  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended  unless  in  case  of  rebellion  or 
invasion  the  public  safety  requires  it. 

Sec.  14.  Excessive  bail  shall  not  be  required,  exces- 
sive fines  imposed,  nor  cruel  punishment  inflicted. 

Sec.  15.  No  conviction  shall  work  corruption  of 
blood,  nor  forfeiture  of  estate. 

Sec.  16.  Private  property  shall  not  be  taken  for 
private  use,  except  for  private  ways  of  necessity,  and 
for  drains,  flumes  or  ditches  on  or  across  the  lands  of 
others  for  agricultural,  domestic  or  sanitary  purposes. 
No  private  property  shall  be  taken  or  damaged  for 
public  or  private  use  without  just  compensation  having 
been  first  made,  or  paid  into  court  for  the  owner,  and 
no  right-of-way  shall  be  appropriated  to  the  use  of  any 
corporation  other  than  municipal,  until  full  compen- 
sation therefor  be  first  made  in  money,  or  ascertained 
and  paid  into  the  court  for  the  owner,  irrespective  of 


STATE  CONSTITUTION. 


139 


any  benefit  from  any  improvement  proposed  by  such 
corporation,  which  compensation  shall  be  ascertained 
by  a jury,  unless  a jury  be  waived  as  in  other  civil  cases 
in  courts  of  record,  in  the  manner  prescribed  by  law. 
Whenever  an  attempt  is  made  to  take  private  property 
for  a use  alleged  to  be  public,  the  question  whether  the 
contemplated  use  be  really  public  shall  be  a judicial 
question,  and  determined  as  such  without  regard  to 
any  legislative  assertion  that  the  use  is  public. 

Sec.  17.  There  shall  be  no  imprisonment  for  debt, 
except  in  cases  of  absconding  debtors. 

Sec.  18.  The  military  shall  be  in  strict  subordination 
to  the  civil  power. 

Sec.  19.  All  elections  shall  be  free  and  equal,  and  no 
power,  civil  or  military,  shall  at  any  time  interfere  to 
prevent  the  free  exercise  of  the  right  of  suffrage., 

Sec.  20.  All  persons  charged  with  crime  shall  be 
bailable  by  sufficient  sureties,  except  for  capital  offences, 
when  the  proof  is  evident  or  the  presumption  great. 

Sec.  21.  The  right  of  trial  by  jury  shall  remain  in- 
violate, but  the  legislature  may  provide  for  a jury  of 
any  number  less  than  twelve  in  courts  not  of  record, 
and  for  a verdict  of  nine  or  more  jurors  in  civil  cases 
in  any  court  of  record,  and  for  waiving  of  the  jury  in 
civil  cases  where  the  consent  of  the  parties  interested 
is  given  thereto. 

Sec.  22.  In  criminal  prosecutions,  the  accused  shall 
have  the  right  to  appear  and  defend  in  person  and  by 
counsel,  to  demand  the  nature  and  cause  of  the  accu- 
sation against  him,  to  have  a copy  thereof,  to  testify 
in  his  own  behalf,  to  meet  the  witnesses  against  him 
face  to  face,  to  have  compulsory  process  to  compel  the 
attendance  of  witnesses  in  his  own  behalf,  to  have  a 
speedy  public  trial  by  an  impartial  jury  of  the  county 
in  which  the  offense  is  alleged  to  have  been  committed, 
and  the  right  to  appeal  in  all  cases  ; and  in  no  instance 
shall  any  accused  person  before  final  judgment  be  com- 
pelled to  advance  money  or  fees  to  secure  the  rights 
herein  guaranteed. 

Sec.  23.  No  bill  of  attainder,  ex  post  facto  law,  or  law 


No  imprison- 
ment for  debt. 


Military 

subordinate. 


Elections 
must  be  free 
and  egual. 


Right  of  trial 
by  jury. 


Right  of  de- 
fense in  court. 


Right  of 
appeal. 


Ex  post  facto 
law. 


140 


STATE  CONSTITUTION. 


Right  to  bear 
arms. 


Prosecution 

information. 


Grand  jury. 


Treason. 


Constitution 

mandatory. 


Standing 

army. 


Legislature. 


impairing  the  obligations  of  contracts  shall  ever  be 
passed. 

Sec.  24.  The  right  of  the  individual  citizen  to  bear 
arms  in  defense  of  himself  or  the  state  shall  not  be  im- 
paired, but  nothing  in  this  section  shall  be  construed 
as  authorizing  individuals  or  corporations  to  organize, 
maintain  or  employ  an  armed  body  of  men. 

Sec.  25.  Offenses  heretofore  required  to  be  prose- 
cuted by  indictment  may  be  prosecuted  by  information 
or  by  indictment,  as  shall  be  prescribed  by  law. 

Sec.  26.  No  grand  jury  shall  be  drawn  or  summoned 
in  any  county,  except  the  superior  judge  thereof  shall 
so  order. 

Sec.  27.  Treason  against  the  state  shall  consist  only 
in  levying  war  against  the  state,  or  adhering  to  its  en- 
emies, or  in  giving  them  aid  and  comfort.  No  person 
shall  be  convicted  of  treason  unless  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  confession  in 
open  court. 

Sec.  28.  No  hereditary  emoluments,  privileges  or 
powers  shall  be  granted  or  conferred  in  this  state. 

Sec.  29.  The  provisions  of  this  constitution  are  man- 
datory unless  by  express  words  they  are  declared  to  be 
otherwise. 

Sec.  30.  The  enumeration  in  this  constitution  of  cer- 
tain rights  shall  not  be  construed  to  deny  others  re- 
tained  by  the  people. 

Sec.  31.  No  standing  army  shall  be  kept  up  by  this 
state  in  time  of  peace,  and  no  soldiers  shall  in  time  of 
peace  be  quartered  in  any  house  without  the  consent 
of  its  owner,  nor  in  time  of  war  except  in  the  manner 
prescribed  by  law. 

Sec.  32.  A frequent  recurrence  to  fundamental  prin- 
ciples is  essential  to  the  security  of  individual  right 
and  the  perpetuity  of  free  government. 

ARTICLE  II.— LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  powers  shall  be  vested  in 
a Senate  and  House  of  Representatives,  which  shall  be 
called  the  Legislature  of  the  State  of  Washington. 


STATE  CONSTITUTION. 


141 


Sec.  2.  The  House  *of  Representatives  shall  be  com- 
posed of  not  less  than  sixty-three  nor  more  than  ninety- 
nine  members.  The  number  of  senators  shall  not  be 
more  than  one-half  nor  less  than  one-third  of  the  num- 
ber of  members  of  the  House  of  Representatives.  The 
first  Legislature  shall  be  composed  of  seventy  members 
of  the  House  of  Representatives  and  thirty-five  Sena- 
tors. 

Sec.  3.  The  Legislature  shall  provide  by  law  for  an 
enumeration  of  the  inhabitants  of  the  state  in  the  year 
one  thousand  eight  hundred  and  ninety-five,  and  every 
ten  years  thereafter  ; and  at  the  first  session  after  such 
enumeration,  and  also  after  each  enumeration  made  by 
the  authority  of  the  United  States,  the  Legislature  shall 
apportion  and  district  anew  the  members  of  the  Senate 
and  House  of  Reprsentatives,  according  to  the  number 
of  inhabitants,  excluding  Indians  not  taxed,  soldiers, 
sailors  and  officers  of  the  United  States  army  and  navy 
in  active  service. 

Sec.  4.  Members  of  the  House  of  Representatives 
shall  be  elected  in  the  year  eighteen  hundred  and  eighty- 
nine,  at  the  time  and  in  the  manner  provided  by  this 
constitution,  and  shall  hold  their  offices  for  the  term  of 
one  year  and  until  their  successors  shall  be  elected. 

Sec.  5.  The  next  election  of  the  members  of  the 
House  of  Representatives  after  the  adoption  of  this 
constitution  shall  be  on  the  first  Tuesday  after  the  first 
Monday  of  November,  eighteen  hundred  and  ninety, 
and  thereafter  members  of  the  House  of  Representa- 
tives shall  be  elected  biennially,  and  their  term  of 
office  shall  be  two  years ; and  each  election  shall  be  on 
the  first  Tuesday  after  the  first  Monday  in  November, 
unless  otherwise  changed  by  law. 

Sec.  6.  After  the  first  election  the  senators  shall  be 
elected  by  single  districts  of  convenient  and  contiguous 
territory  at  the  same  time  and  in  the  same  manner  as 
members  of  the  House  of  Representatives  are  required 
to  be  elected,  and  no  representative  district  shall  be 
divided  in  the  formation  of  a senatorial  district.  They 
shall  be  elected  for  the  term  of  four  years,  one-half  of 


Limited 

membership. 


State  census. 


First  election 
of  represent- 
atives. 


Tenure  of 
office. 


Second  and 
subsequent 
elections. 


Election  of 
state  senators . 


142 


STATE  CONSTITUTION. 


Eligibility. 


Election 

returns. 


Quorum. 


.Rules. 


Officers  of 
each  house. 


Journal. 


Adjournment. 


Meetings  of 
the  Legis- 
lature. 


their  number  retiring  every  two  years.  The  senatorial 
districts  shall  be  numbered  consecutively,  and  the 
senators  chosen  at  the  first  election  had  by  virtue  of 
this  constitution,  in  odd  numbered  districts,  shall  go 
out  of  office  at  the  end  of  the  first  year,  and  the  Senators 
elected  in  the  even  numbered  districts  shall  go  out 
of  office  at  the  end  of  the  third  year. 

Sec.  7.  No  person  shall  be  eligible  to  the  Legislature 
who  shall  not  be  a citizen  of  the  United  States  and  a 
qualified  voter  in  the  district  for  which  he  is  chosen. 

Sec.  8.  Each  House  shall  be  the  judge  of  the  elec- 
tion, returns,  and  qualifications  of  its  own  members, 
and  a majority  of  each  House  shall  constitute  a quorum 
to  do  business,  but  a smaller  number  may  adjourn 
from  day  to  day  and  may  compel  the  attendance  of 
absent  members  in  such  manner  and  under  such 
penalties  as  each  House  may  provide. 

Sec.  9.  Each  House  may  determine  the  rules  of  its 
own  proceedings,  punish  for  contempt  and  disorderly 
behavior,  and,  with  the  concjirrence  of  two-thirds  of 
all  the  members  elected,  expel  a member,  but  no  mem- 
ber shall  be  expelled  a second  time  for  the  same 
offense. 

Sec.  10.  Each  House  shall  elect  its  own  officers,  and 
when  the  Lieutenant  Governor  shall  not  attend  as 
president,  or  shall  act  as  Governor,  the  Senate  shall 
chose  a temporary  president.  When  presiding,  the 
Lieutenant  Governor  shall  have  the  deciding  vote  in 
case  of  an  equal  division  of  the  Senate. 

Sec.  11.  Each  House  shall  keep  a journal  of  its  pro- 
ceedings and  publish  the  same,  except  such  parts  as 
require  secrecy.  The  doors  of  each  House  shall  be 
kept  open,  except  when  the  public  welfare  shall  require 
secrecy.  Neither  House  shall  adjourn  for  more  than 
three  days,  nor  to  any  place  other  than  that  in  which 
they  may  be  sitting,  without  the  consent  of  the  other. 

Sec.  12.  The  first  Legislature  shall  meet  on  the  first 
Wednesday  after  the  first  Monday  in  November,  A.  D. 
1889.  The  second  Legislature  shall  meet  on  the  first 
Wednesday  after  the  first  Monday  in  January,  A.  D. 


STATE  CONSTITUTION. 


143 


1891,  and  sessions  of  the  Legislature  will  be  held 
biennially  thereafter,  unless  specially  convened  by  the 
Governor,  but  the  times  of  meeting  of  subsequent  ses- 
sions may  be  changed  by  the  Legislature.  After  the 
first  Legislature  the  sessions  shall  not  be  more  than 
sixty  days. 

Sec.  13.  No  member  of  the  Legislature,  during  the 
term  for  which  he  is  elected,  shall  be  appointed  or 
elected  to  any  civil  office  in  the  state,  which  shall  have 
been  created,  or  the  emoluments  of  which  shall  have 
been  increased,  during  the  term  for  which  he  was 
elected. 

Sec.  14.  No  person,  being  a member  of  Congress,  or 
holding  any  civil  or  military  office  under  the  United 
States  or  any  other  power,  shall  be  eligible  to  be  a 
member  of  the  Legislature ; and  if  any  person  after  his 
election  as  a member  of  the  Legislature  shall  be  elected 
to  Congress  or  be-appointed  to  any  other  office,  civil  or 
military,  under  the  government  of  the  United  States, 
or  any  other  power,  his  acceptance  thereof  shall  vacate 
his  seat : Provided , That  officers  in  the  militia  of  the 
state  who  receive  no  annual  salary,  local  officers  and 
postmasters,  whose  compensation  does  not  exceed  three 
hundred  dollars  per  annum,  shall  not  be  ineligible. 

Sec.  15.  The  Governor  shall  issue  writs  of  election 
to  fill  such  vacancies  as  may  occur  in  either  house  of 
the  Legislature. 

Sec.  16.  Members  of  the  Legislature  shall  be  privi- 
leged from  arrest  in  all  cases  except  treason,  felony  and 
breach  of  the  peace  ; they  shall  not  be  subject  to  any 
civil  process  during  the  session  of  the  Legislature,  nor 
for  fifteen  days  next  before  the  commencement  of  each 
session. 

Sec.  17.  No  member  of  the  Legislature  shall  be 
liable  in  any  civil  action  or  criminal  prosecution  what- 
ever for  words  spoken  in  debate. 

Sec.  18.  The  style  of  the  laws  of  the  state  shall  be : 
“Be  it  enacted  by  the  Legislature  of  the  State  of  Wash- 
ington.” And  no  law  shall  be  enacted  except  by  bill. 


Limit  of 
session. 


Ineligibility 
of  members  to 
certain  offices. 


Who  are 
ineligible  to 
membership  in 
Legislature. 


V acancies. 


Immunity 
from  arrest. 


Free  speech. 


Style  of  laws. 


144 


STATE  CONSTITUTION. 


But  one  sub- 
ject, in  bill. 


Either  house 
may  amend. 


Yeas  and  nays. 


Yeas  and  nays 
in  passage  of 
bill. 


Compensation 
of  members. 


Lottery.— 

Divorce. 


Extra  com- 
pensation 
forbidden. 


Suit  against 
state. 


Private  laws 
forbidden  in 
certain  cases. 


Sec.  19.  No  bill  shall  embrace  more  than  one  sub- 
ject, and  that  shall  be  expressed  in  the  title. 

Sec.  20.  Any  bill  may  originate  in  either  house  of 
the  Legislature,  and  a bill  passed  by  one  house  may  be 
amended  in  the  other. 

Sec.  21.  The  yeas  and  nays  of  the  members  of 
either  house  shall  be  entered  on  the  journal  on  the  de- 
mand of  one-sixth  of  the  members  present. 

Sec.  22.  No  bill  shall  become  a law  unless  on  its 
final  passage  the  vote  be  taken  by  yeas  and  nays,  the 
names  of  the  members  voting  for  and  against  the  same 
be  entered  on  the  journal  of  each  house,  and  a major- 
ity of  the  members  elected  to  each  house  be  recorded 
thereon  as  voting  in  its  favor. 

Sec.  23.  Each  member  of  the  Legislature  shall  receive 
for  his  services  five  dollars  for  each  day’s  attendance 
during  the  session,  and  ten  cents  for  every  mile  he 
shall  travel  in  going  to  and  returni$g  from  the  place 
of  meeting  of  the  Legislature,  on  the  most  usual  route. 

Sec.  24.  The  Legislature  shall  never  authorize  any 
lottery  or  grant  any  divorce. 

Sec.  25.  The  Legislature  shall  never  grant  any  extra 
compensation  to  any  public  officer,  agent,  servant  or 
contractor  after  the  services  shall  have  been  rendered 
or  the  contract  entered  into,  nor  shall  the  compensa- 
tion of  any  public  officer  be  increased  or  diminished 
during  his  term  of  office. 

Sec.  26.  The  Legislature  shall  direct  by  law  in  what 
manner  and  in  what  courts  suits  may  be  brought 
against  the  state. 

Sec.  27.  In  all  elections  by  the  Legislature  the  mem- 
bers shall  vote  viva  voce , and  their  votes  shall  be  en- 
tered on  the  journal. 

SPECIAL  LEGISLATION. 

Sec.  28.  The  Legislature  is  prohibited  from  enacting 
any  private  or  special  law  in  the  following  cases : 

1.  For  ^hanging  the  names  of  persons,  or  constitut- 
ing one  person  the  heir  at  law  of  another. 

2.  For  laying  out,  opening  or  altering  highways,  ex- 
cept in  cases  of  state  roads  extending  into  more  than 


STATE  CONSTITUTION. 


145 


one  county,  and  military  roads  to  aid  in  the  construc- 
tion of  which  lands  shall  have  been  or  may  be  granted 
by  Congress. 

3.  For  authorizing  persons  to  keep  ferries  wholly 
within  this  state. 

4.  For  authorizing  the  sale  or  mortgage  of  real  or 
personal  property  of  minors,  or  others  under  disability. 

5.  For  assessment  or  collection  of  taxes,  or  for  ex- 
tending the  time  for  collection  thereof. 

6.  For  granting  corporate  powers  or  privileges. 

7.  For  authorizing  the  apportionment  of  any  part  of 
the  school  fund. 

8.  For  incorporating  any  town  or  village,  or  to 
amend  the  charter  thereof. 

9.  [From]  giving  effect  to  invalid  deeds,  wills  or 
other  instruments. 

10.  Releasing  or  extinguishing,  in  whole  or  in  part, 
the  indebtedness,  liability  or  other  obligation  of  any 
person  or  corporation  to  this  state,  or  to  any  municipal 
corporation  therein. 

11.  Declaring  any  person  of  age,  or  authorizing  any 
minor  to  sell,  lease  or  encumber  his  or  her  property. 

12.  Legalizing,  except  as  against  the  state,  the  unau- 
thorized or  invalid  act  of  any  officer. 

J3.  Regulating  the  rates  of  interest  on  money. 

14.  Remitting  fines,  penalties  or  forfeitures. 

15.  Providing  for  the  management  of  common 
schools. 

16.  Authorizing  the  adoption  of  children. 

17.  For  limitation  of  civil  or  criminal  action. 

18.  Changing  county  lines,  locating  or  changing 
county  seats : Provided , This  shall  not  be  construed  to 
apply  to  the  creation  of  new  counties. 

Sec.  29.  Aftei*  the  first  day  of  January,  eighteen 
hundred  and  ninety,  the  labor  of  convicts  of  this  state 
shall  not  be  let  out  by  contract  to  any  person,  copart- 
nership, company  or  corporation,'  and  the  Legislature 
shall  by  law  provide  for  the  working  of  convicts  for  the 
benefit  of  the  state. 

—10 


Labor  of 
convicts. 


146 


STATE  CONSTITUTION. 


Corrupt 

solicitation. 


Members  shall 
not  vote  in 
certain  cases. 


Caws  take 
effect  when. 


Presiding 
officers  to 
sign  bill. 


Ownership 
of  lands  by 
aliens. 


Sec.  30.  The  offense  of  corrupt  solicitation  of  mem- 
bers of  the  Legislature,  or  of  public  officers  of  the  state 
or  any  municipal  division  thereof,  and  any  occupation 
or  practice  of  solicitation  of  such  members  or  officers 
to  influence  their  official  action,  shall  be  defined  by 
law,  and  shall  be  punished  by  fine  and  imprisonment. 
Any  person  may  be  compelled  to  testify  in  any  lawful 
investigation  or  judicial  proceeding  against  any  person 
who  may  be  charged  with  having  committed  the  offense 
of  bribery  or  corrupt  solicitation,  or  practice  of  solici- 
tation, and  shall  not  be  permitted  to  withhold  his  tes- 
timony on  the  ground  that  it  may  criminate  himself 
or  subject  him  to  public  infamy,  but  such  testimony 
shall  not  afterwards  be  used  against  him  in  any  judi- 
cial proceeding — except  for  perjury  in  giving  such 
testimony  — and  any  person  convicted  of  either  of  the 
offenses  aforesaid,  shall,  as  part  of  the  punishment 
therefor,  be  disqualified  from  ever  holding  any  position 
of  honor,  trust  or  profit  in  this  state.  A member  who 
has  a private  interest  in  any  bill  or  measure  proposed 
or  pending  before  the  Legislature  shall  disclose  the 
fact  to  the  house  of  which  he  is  a member,  and  shall 
not  vote  thereon. 

Sec.  31.  No  law,  except  appropriation  bills,  shall 
take  effect  until  ninety  days  after  the  adjournment  of 
the  session  at  which  it  was  enacted,  unless  in  case  of 
an  emergency  (which  emergency  must  be  expressed  in 
the  preamble  or  in  the  body  of  the  act)  the  Legislature 
shall  otherwise  direct  by  vote  of  two-thirds  of  all  the 
members  elected  to  each  house;  said  vote  to  be  taken 
by  yeas  and  nays  and  entered  on  the  journals. 

Sec.  32.  No  bill  shall  become  a law  until  the  same 
shall  have  been  signed  by  the  presiding  officer  of  each 
of  the  two  houses  in  open  session,"  and  under  such 
rules  as  the  Legislature  shall  prescribe. 

Sec.  33.  The  ownership  of  land  by  aliens,  other  than 
those  who  in  good  faith  have  declared  their  intention 
to  become  citizens  of  the  United  States,  is  prohibited 
in  this  state,  except  where  acquired  by  inheritance, 
under  mortgage  or  in  good  faith  in  the  ordinary  course 


STATE  CONSTITUTION. 


147 


of  justice  in  the  collection  of  debts;  and  all  conveyances 
of  lands  hereafter  made  to  any  alien  directly,  or  in 
trust  for  such  alien,  shall  be  void  : Provided , That  the 
provisions  of  this  section  shall  not  apply  to  lands  con- 
taining valuable  deposits  of  minerals,  metals,  iron,  coal 
or  fire  clay,  and  the  necessary  land  for  mills  and 
machinery  to  be  used  in  the  development  thereof  and 
the  manufacture  of  the  products  therefrom.  Every 
corporation,  the  majority  of  the  capital  stock  of  which 
is  owned  by  aliens,  shall  be  considered  an  alien  for  the 
purpose  of  this  prohibition. 

Sec.  34.  There  shall  be  established  in  the  office  of 
the  Secretary  of  State,  a bureau  of  statistics,  agriculture 
and  immigration,  under  such  regulations  as  the  Legis- 
lature may  provide. 

Sec.  35.  The  Legislature  shall  pass  necessary  laws 
for  the  protection  of  persons  working  in  mines,  factories 
and  other  employment  dangerous  to  life  and  deleterious 
to  health ; and  fix  pains  and  penalties  for  the  enforce- 
ment of  same. 

Sec.  36.  No  bill  shall  be  considered  in  either  house 
unless  the  time  of  its  introduction  shall  have  been  at 
least  ten  days  before  the  final  adjournment  of  the 
Legislature,  unless  the  Legislature  shall  otherwise  direct 
by  a vote  of  two-thirds  of  all  the  members  elected  to 
each  house,  said  vote  to  be  taken  by  yeas  and  nays  and 
entered  upon  the  journal,  or  unless  the  same  be  at  a 
special  session. 

Sec.  37.  No  act  shall  ever  be  revised  or  amended  by 
mere  reference  to  its  title,  but  the  act  revised  or  the 
section  amended  shall  be  set  forth  at  full  length. 

Sec.  38.  No  amendment  to  any  bill  shall  be  allowed 
which  shall  change  the  scope  or  object  of  the  bill. 

Sec.  39.  It  shall  not  be  lawful  for  any  person  hold- 
ing public  office  in  this  state  to  accept  or  use  a pass  or 
to  purchase  transportation  from  any  railroad  or  other 
corporation,  other  than  as  the  same  may  be  purchased 
by  the  general  public,  and  the  Legislature  may  pass 
laws  to  enforce  this  provision. 


Bureau  of 
statistics. 


Laws  relating 
to  mines  and 
factories. 


Introduction 
of  bills  limited. 


Amending 

laws. 


Amendment 
to  bills. 


Passes 

forbidden. 


148 


STATE  CONSTITUTION. 


Executive  de- 
partment con- 
sists of  whom. 


Governor. 


Tenure  of 
office. 


Other  officers. 


Tenure  of 
office. 


Election  of 
executive 
officers. — 
Returns. 


Certificate 
of  election. 


Contested 

elections. 


Duties  of 
Governor. 


ARTICLE  III. — THE  EXECUTIVE. 

Section  1.  The  executive  department  shall  consist 
of  a Governor,  Lieutenant  Governor,  Secretary  of 
State,  Treasurer,  Auditor,  Attorney  General,  Superin- 
tendent of  Public  Instruction,  and  a Commissioner  of 
Public  Lands,  who  shall  be  severally  chosen  by  the 
qualified  electors  of  the  state  at  the  same  time  and 
place  of  voting  as  for  the  members  of  the  Legislature. 

Sec.  2.  The  supreme  executive  power  of  this  state 
shall  be  vested  in  a Governor,  who  shall  hold  his  office 
for  a term  of  four  years,  and  until  his  successor  is 
elected  and  qualified. 

Sec.  3.  The  Lieutenant  Governor,  Secretary  of  State, 
Treasurer,  Auditor,  Attorney  General,  Superintendent 
of  Public  Instruction,  and  Commissioner  of  Public 
Lands,  shall  hold  their  offices  for  four  years,  respec- 
tively, and  until  their  successors  are  elected  and  quali- 
fied. 

Sec.  4.  The  returns  of  every  election  for  the  officers 
named  in  the  first  section  of  this  article  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government  by  the 
returning  officers,  directed  to  the  Secretary  of  State, 
who  shall  deliver  the  same  to  the  speaker  of  the  House 
of  Representatives  at  the  first  meeting  of  the  House 
thereafter,  who  shall  open,  publish  and  declare  the  re- 
sult thereof  in  the  presence  of  a majority  of  the  mem- 
bers of  both  houses.  The  person  having  the  highest 
number  of  votes  shall  be  declared  duly  elected,  and  a 
certificate  thereof  shall  be  given  to  such  person,  signed 
by  the  presiding  officers  of  both  houses ; but  if  any 
two  or  more  shall  be  highest  and  equal  in  votes  for  the 
same  office,  one  of  them  shall  be  chosen  by  the  joint 
vote  of  both  houses.  Contested  elections  for  such 
officers  shall  be  decided  by  the  Legislature  in  such 
manner  as  shall  be  decided  by  law.  The  terms  of  all 
officers  named  in  section  one  of  this  article  shall 
commence  on  the  second  Monday  in  January  after 
their  election,  until  otherwise  provided  by  law. 

Sec.  5.  The  Governor  may  require  information  in 
writing  from  the  officers  of  the  state  upon  any  subject 


STATE  CONSTITUTION. 


149 


relating  to  the  duties  of  their  respective  offices,  and 
shall  see  that  the  laws  are  faithfully  executed. 

Sec.  6.  He  shall  communicate  at  every  session  by  Message, 
message  to  the  Legislature  the  condition  of  the  affairs 
of  the  state,  and  recommend  such  measures  as  he  shall 
deem  expedient  for  their  action. 

Sec.  7.  He  may,  on  extraordinary  occasions,  convene  Legislature  in 
the  Legislature  by  proclamation,  in  which  shall  be extra  session- 
stated  the  purposes  for  which  the  Legislature  is  con- 
vened. 

Sec.  8.  He  shall  be  commander-in-chief  of  the  mili-  commander- 

m-chief. 

tary  in  the  state  except  when  they  shall  be  called  into 
the  service  of  the  United  States. 

Sec.  9.  The  pardoning  power  shall  be  vested  in  the  po^j5°ging' 
Governor  under  such  regulations  and  restrictions  as 
may  be  prescribed  by  law. 

Sec.  10.  In  case  of  the  removal,  resignation,  death  Duties  shall 
or  disability  of  the  Governor,  the  duties  of  the  office  ^renn0arnt 
shall  devolve  upon  the  Lieutenant  Governor,  and  in  case  when- 
of  a vacancy  in  both  the  offices  of  Governor  and  Lieu- 
tenant Governor,  the  duties  of  Governor  shall  devolve 
upon  the  Secretary  of  State,  who  shall  act  as  Governor 
until  the  disability  be  removed  or  a Governor  be  elected. 

Sec.  11.  The  Governor  shall  have  power  to  remit  mayremit 

r»  jrc'-j.  j i li.'  fines,  etc. 

nnes  and  forfeitures,  under  such  regulations  as  may 
be  prescribed  by  law,  and  shall  report  to  the  Legisla- 
ture at  its  next  meeting  each  case  of  reprieve,  commu- 
tation, or  pardon  granted,  and  the  reasons  for  granting 
the  same,  and  also  the  names  of  all  persons  in  whose 
favor  remission  of  fines  and  forfeitures  shall  have  been 
made,  and  the  several  amounts  remitted  and  the  rea- 
sons for  the  remission. 

Sec.  12.  Every  act  which  shall  have  nassed  the  Leg-  Duties  of 

J x o Governor  in 

islature  shall  be,  before  it  becomes  a law,  presented  to  enactment  of 
the  Governor.  If  he  approves,  he  shall  sign  it;  but  if  laws-~Vet;oes 
not,  he  shall  return  it,  with  his  objections,  to  that 
house  in  which  it  shall  have  originated,  which  house 
shall  enter  the  objections  at  large  upon  the  journal 
and  proceed  to  reconsider.  If,  after  such  reconsidera- 
tion, two-thirds  of  the  members  present  shall  agree  to 


150 


STATE  CONSTITUTION. 


May  veto  one 
or  more  items 
or  sections. 


Fill  vacancies 
by  appoint- 
ment. 


Salary  of 
Governor. 


pass  the  bill,  it  shall  be  sent,  together  with  the  objec- 
tions, to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  two-thirds  of  the 
members  present,  it  shall  become  a law ; but  in  all 
such  cases  the  vote  of  both  houses  shall  be  determined 
by  the  yeas  and  nays  and  the  names  of  the  members 
voting  for  or  against  the  bill  shall  be  entered  upon  the 
journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  Governor  within  five  days, 
Sunday  excepted,  after  it  shall  be  presented  to  him,  it 
shall  become  a law  without  his  signature,  unless  the 
general  adjournment  shall  prevent  its  return,  in  which 
case  it  shall  become  a law  unless  the  Governor  within 
ten  days  next  after  the  adjournment,  Sundays  excepted, 
shall  file  such  bill,  with  his  objections  thereto,  in  the 
office  of  Secretary  of  State,  who  shall  lay  the  same  be- 
fore the  Legislature  at  its  next  session  in  like  manner 
as  if  it  had  been  returned  by  the  Governor.  If  any 
bill  presented  to  the  Governor  contain  several  sections 
or  items,  he  may  object  to  one  or  more  sections  or 
items  while  approving  other  portions  of  the  bill.  In 
such  case  he  shall  append  to  the  bill,  at  the  time  of 
signing  it,  a statement  of  the  section  or  sections,  item 
or  items  to  which  he  objects  and  the  reasons  therefor 
and  the  section  or  sections,  item  or  items,  so  objected 
to  shall  not  take  effect  unless  passed  over  the  Gov- 
ernor’s objection  as  hereinbefore  provided. 

Sec.  13.  When,  during  a recess  of  the  Legislature,  a 
vacancy  shall  happen  in  any  office,  the  appointment  to 
which  is  vested  in  the  Legislature,  or  when  at  any  time 
a vacancy  shall  have  occurred  in  any  other  state  office, 
for  the  filling  of  which  vacancy  no  provision  is  made 
elsewhere  in  this  constitution,  the  Governor  shall  fill 
such  vacancy  by  appointment,  which  shall  expire  when 
a successor  shall  have  been  elected  and  qualified. 

Sec.  14.  The  governor  shall  receive  an  annual  salary 
of  four  thousand  dollars,  which  may  be  increased  by 
law,  but  shall  never  exceed  six  thousand  dollars  per 
annum. 

Sec.  15..  All  commissions  shall  issue  in  the  name  of 


STATE  CONSTITUTION. 


151 


the  state,  shall  be  signed  by  the  Governor,  sealed  with 

the  seal  of  the  state,  and  attested  by  the  Secretary  of  commisslons- 

State. 

Sec.  16.  The  Lieutenant  governor  shall  be  presiding  Lieutenant 
officer  of  the  State  Senate,  and  shall  discharge  such  Govern01- 
other  duties  as  may  be  prescribed  by  law.  He  shall 
receive  an  annual  salary  of  one  thousand  dollars,  which  salary, 
may  be  increased  by  the  Legislature,  but  shall  never 
exceed  three  thousand  dollars  per  annum. 

Sec.  17.  The  Secretary  of  State  shall  keep  a record  retaryo? state, 
of  the  official  acts  of  the  Legislature  and  executive  de- 
partment of  the  state,  and  shall,  when  required,  lay 
the  same  and  all  other  matters  relative  thereto  before 
either  branch  of  the  Legislature,  and  shall  perform 
such  other  duties  as  shall  be  assigned  him  by  law. 

He  shall  receive  an  annual  salary  of  twenty-five  hun-  salary, 
dred  dollars,  which  may  be  increased  by  the  Legisla- 
ture, but  shall  never  exceed  three  thousand  dollars  per 
annum. 

Sec.  18.  There  shall  be  a seal  of  the  state  kept  by  state  seal? 
the  Secretary  of  State  for  official  purposes,  which  shall 
be  called  “The  Seal  of  the  State  of  Washington.” 

Sec.  19.  The  treasurer  shall  perform  such  duties  as  TreasurerState 
shall  be  prescribed  by  law.  He  shall  receive  an  annual 
salary  of  two  thousand  dollars,  which  may  be  increased  salary, 
by  the  Legislature,  but  shall  never  exceed  four  thousand 
dollars  per  annum. 

Sec.  20.  The  auditor  shall  be  auditor  of  public  ac-  State  Auditor, 
counts,  and  shall  have  such  powers  and  perform  such 
duties  in  connection  therewith  as  may  be  prescribed 
by  law.  He  shall  receive  an  annual  salary  of  two  salary, 
thousand  dollars,  which  may  be  increased  by  the  Legis- 
lature, but  shall  never  exceed  three  thousand  dollars 
per  annum. 

Sec.  21.  The  Attorney  General  shall  be  the  legal  Attorney 
advisor  of  the  state  officers,  and  shall  perform  such  GeneraL 
other  duties  as  may  be  prescribed  by  law.  He  shall 
receive  an  annual  salary  of  two  thousand  dollars,  which  salary, 
may  be  increased  by  the  Legislature,  but  shall  never 
exceed  thirty-five  hundred  dollars  per  annum. 


152 


STATE  CONSTITUTION. 


Duties  of  Su- 
perintendent 
of  Public 
Instruction. 


Salary. 


Land  Com- 
missioner. 


Certain  offices 
to  be  kept  at 
capital. 


Eligibility  to 
state  office. 


Certain  offices 
may  be 
abolished. 


Supreme 

Court. 


Inferior 

courts. 


Supreme  Court 
consists  of 
whom. 


Sec.  22.  The  Superintendent  of  Public  Instruction 
shall  have  supervision  over  all  matters  pertaining  to 
public  schools,  and  shall  perform  such  specific  duties 
as  may  be  prescribed  by  law.  He  shall  receive  an  an- 
nual salary  of  twenty-five  hundred  dollars,  which  may 
be  increased  by  law,  but  shall  never  exceed  four  thou- 
sand dollars  per  annum. 

Sec.  23.  The  Commissioner  of  Public  Lands  shall 
perform  such  duties  and  receive  such  compensation  as 
the  Legislature  may  direct. 

Sec.  24.  The  Governor,  Secretary  of  State,  Treasurer, 
Auditor,  Superintendent  of  Public  Instruction,  Com- 
missioner of  Public  Lands  and  Attorney  General  shall 
severally  keep  the  public  records,  books  and  papers  re- 
lating to  their  respective  offices,  at  the  seat  of  govern- 
ment, at  which  place  also  the  Governor,  Secretary  of 
State,  Treasurer  and  Auditor  shall  reside. 

Sec.  25.  No  person,  except  a citizen  of  the  United 
States  and  a qualified  elector  of  this  state,  shall  be 
eligible  to  hold  any  state  office,  and  the  State  Treasurer 
shall  be  ineligible  for  the  term  succeeding  that  for 
which  he  was  elected.  The  compensation  of  state 
officers  shall  not  be  increased  or  diminished  during 
the  term  for  which  they  shall  have  been  elected.  The 
Legislature  may,  in  its  discretion,  abolish  the  offices  of 
Lieutenant  Governor,  Auditor  and  Commissioner  of 
Public  Lands. 

ARTICLE  IV.— THE  JUDICIARY. 

Section  1.  The  judicial  power  of  the  state  shall  be 
vested  in  a Supreme  Court,  Superior  Courts,  justices  of 
the  peace,  and  such  inferior  courts  as  the  Legislature 
may  provide. 

Sec.  2.  The  Supreme  Court  shall  consist  of  five 
judges,  a majority  of  whom  shall  be  necessary  to  form 
a quorum  and  pronounce  a decision.  The  said  court 
shall  always  be  open  for  the  transaction  of  business 
except  on  non-judicial  days.  In  the  determination  of 
causes,  all  decisions  of  the  court  shall  be  given  in 
writing,  and  the  grounds  of  the  decision  shall  be  stated. 
The  Legislature  may  increase  the  number  of  judges  of 


STATE  CONSTITUTION. 


153 


the  Supreme  Court  from  time  to  time,  and  may  pro- 
vide for  separate  departments  of  said  court. 

Sec.  3.  The  judges  of  the  Supreme  Court  shall  be 
elected  by  the  qualified  electors  of  the  state  at  large,  Electl0U- 
at  the  general  state  election,  at  the  times  and  places  at 
which  state  officers  are  elected,  unless  some  other  time 
be  provided  by  the  Legislature.  The  first  election  of 
judges  of  the  Supreme  Court  shall  be  at  the  election 
which  shall  be  held  upon  the  adoption  of  this  constitu- 
tion, and  the  judges  elected  thereat  shall  be  classified, 
by  lot,  so  that  two  shall  hold  their  office  for  the  term  of  JXcee. 
three  years,  two  for  a term  of  five  years,  and  one  for 
the  term  of  seven  years.  The  lot  shall  be  drawn  by 
the  judges,  who  shall  for  that  purpose  assemble  at  the 
seat  of  government,  and  they  shall  cause  the  result 
thereof  to  be  certified  to  the  Secretary  of  State,  and 
filed  in  his  office.  The  judge  having  the  shortest  term  chief  justice, 
to  serve,  not  holding  his  office  by  appointment  or 
election  to  fill  a vacancy,  shall  be  the  chief  justice,  and 
shall  preside  at  all  sessions  of  the  Supreme  Court,  and 
in  case  there  shall  be  two  judges  having  in  like  man- 
ner the  same  short  term,  the  other  judges  of  the  Su- 
preme Court  shall  determine  which  of  them  shall  be 
chief  justice.  In  case  of  the  absence  of  the  chief  jus- 
tice, the  judge  having  in  like  manner  the  shortest  or 
next  shortest  term  to  serve  shall  preside.  After  the 
first  election  the  terms  of  judges  elected  shall  be  six 
years  from  and  after  the  second  Monday  in  January 
next  succeeding  their  election.  If  a vacancy  occur  in  vacancy 
the  office  of  a judge  of  the  Supreme  Court,  the  Gover- 
nor shall  appoint  a person  to  hold  the  office  until  the 
election  and  qualification  of  a judge  to  fill  the  vacancy, 
which  election  shall  take  place  at  the  next  succeeding 
general  election,  and  the  judge  so  elected  shall  hold 
the  office  for  the  remainder  of  the  unexpired  term. 

The  term  of  office  of  the  judges  of  the  Supreme  Court, 
first  elected,  shall  commence  as  soon  as  the  state  shall 
have  been  admitted  into  the  Union,  and  continue  for 
the  term  herein  provided,  and  until  their  successors 
are  elected  and  qualified.  The  sessions  of  the  Supreme 


154 


STATE  CONSTITUTION. 


Jurisdiction 
of  Supreme 
Court. 


Powers  of 
judges. 


Superior 

Courts. 


Court  shall  be  held  at  the  seat  of  government  until 
otherwise  provided  by  law. 

Sec.  4.  The  Supreme  Court  shall  have  original  jur- 
isdiction in  habeas  corpus,  and  quo  warranto  and 
mandamus  as  to  all  state  officers,  and  appellate  juris- 
diction in  all  actions  and  proceedings,  excepting  that 
its  appellate  jurisdiction  shall  not  extend  to  civil  ac- 
tions at  law  for  the  recovery  of  money  or  personal 
property  when  the  original  amount  in  controversy,  or 
the  value  of  the  property,  does  not  exceed  the  sum  of 
two  hundred  dollars  ($200),  unless  the  action  involves 
the  legality  of  a tax,  impost,  assessment,  toll,  municipal 
fine,  or  the  validity  of  a statute.  The  Supreme  Court 
shall  also  have  power  to  issue  writs  of  mandamus,  re- 
view, prohibition,  habeas  corpus,  certiorari  and  all 
other  writs  necessary  and  proper  to  the  complete  exer- 
cise of  its  appellate  and  revisory  jurisdiction.  Each 
of  the  judges  shall  have  power  to  issue  writs  of  habeas 
corpus  to  any  part  of  the  state  upon  petition  by  or  on 
behalf  of  any  person  held  in  actual  custody,  and  may 
make  such  writs  returnable  before  himself,  or  before 
the  Supreme  Court,  or  before  any  Superior  Court  of 
the  state,  or  any  judge  thereof. 

Sec.  5.  There  shall  be  in  each  of  the  organized  coun- 
ties of  this  state  a Superior  Court  for  which  at  least  one 
judge  shall  be  elected  by  the  qualified  electors  of  the 
county  at  the  general  state  election : Provided,  That 
until  otherwise  directed  by  the  Legislature  one  judge 
only  shall  be  elected  for  the  counties  of  Spokane  and 
Stevens;  one  judge  for  the  county  of  Whitman ; one 
judge  for  the  counties  of  Lincoln,  Okanogan,  Douglas 
and  Adams ; one  judge  for  the  counties  of  Walla  Walla 
and  Franklin;  one  judge  for  the  counties  of  Columbia, 
Garfield  and  Asotin;  one  judge  for  the  counties  of 
Kittitas,  Yakima  and  Klickitat;  one  judge  for  the 
counties  of  Clarke,  Skamania,  Pacific,  Cowlitz  and 
Wahkiakum;  one  judge  for  the  counties  of  Thurston, 
Chehalis,  Mason  and  Lewis;  one  judge  for  the  county 
of  Pierce ; one  judge  for  the  county  of  King  ; one  judge 
for  the  counties  of  Jefferson,  Island,  Kitsap,  San  Juan 


STATE  CONSTITUTION. 


155 


and  Clallam;  and  one  judge  for  the  counties  of  What- 
com, Skagit  and  Snohomish.  In  any  county  where 
there  shall  be  more  than  one  superior  judge,  there 
may  be  as  many  sessions  of  the  Superior  Court  at  the 
same  time  as  there  are  judges  thereof,  and  whenever 
the  Governor  shall  direct  a superior  judge  to  hold  court 
in  any  county  other  than  that  for  which  he  has  been 
elected,  there  may  be  as  many  sessions  of  the  Superior 
Court  in  said  county  at  the  same  time  as  there  are 
judges  therein,  or  assigned  to  duty  therein  by  the 
Governor,  and  the  business  of  the  court  shall  be  so 
distributed  and  assigned  by  law,  or,  in  the  absence  of 
legislation  therefor,  by  such  rules  and  orders  of  court, 
as  shall  best  promote  and  secure  the  convenient  and 
expeditious  transaction  thereof.  The  judgments,  de- 
crees, orders  and  proceedings  of  any  session  of  the 
Superior  Court  held  by  any  one  or  more  of  the  judges 
of  such  court  shall  be  equally  effectual  as  if  all  the 
judges  of  said  court  presided  at  such  session.  The 
first  superior  judges  elected  under  this  constitution 
shall  hold  their  offices  for  the  period  of  three  years, 
and  until  their  successors  shall  be  elected  and  quali- 
fied, and  thereafter  the  term  of  office  of  all  superior 
judges  in  this  state  shall  be  for  four  years  from  the 
second  Monday  in  January  next  succeeding  their  elec- 
tion, and  until  their  successors  are  elected  and  qualified. 
The  first  election  of  judges  of  the  Superior  Court  shall 
be  at  the  election  held  for  the  adoption  of  this  consti- 
tution. If  a vacancy  occurs  in  the  office  of  judge  of 
the  Superior  Court,  the  Governor  shall  appoint  a per- 
son to  hold  the  office  until  the  election  and  qualifica- 
tion of  a judge  to  fill  the  vacancy,  which  election  shall 
be  at  the  next  succeeding  general  election,  and  the 
judge  so  elected  shall  hold  office  for  the  remainder  of 
the  unexpired  term. 

Sec.  6.  The  Superior  Court  shall  have  original  juris- 
diction in  all  cases  in  equity,  and  in  all  cases  of  law 
which  involve  the  title  or  possession  of  real  property, 
or  the  legality  of  any  tax,  impost,  assessment,  toll  or 
municipal  fine,  and  in  all  other  cases  in  which  the  de- 


Sessions  of 
court. 


Tenure  of 
office  of  supe- 
rior judges. 


Jurisdiction 
of  Superior 
Courts. 


156 


STATE  CONSTITUTION. 


Powers  of 
judges  and 
courts. 


J udges  may 
hold  court  in 
any  county 
by  request. 


Pro  tempore 
judges. 


Leave  of 
absence 
of  judges. 


mand,  or  the  value  of  the  property  in  controversy 
amounts  to  one  hundred  dollars,  and  in  all  criminal 
cases  amounting  to  felony,  and  in  all  cases  of  misde- 
meanor not  otherwise  provided  for  by  law ; of  actions 
of  forcible  entry  and  detainer ; of  proceedings  in  insol- 
vency ; of  actions  to  prevent  or  abate  a nuisance ; of  all 
matters  of  probate,  of  divorce,  and  for  annulment  of 
marriage ; and  for  such  special  cases  and  proceedings 
as  are  not  otherwise  provided  for.  The  Superior  Court 
shall  also  have  original  jurisdiction  in  all  cases  and  of 
all  proceedings  in  which  jurisdiction  shall  not  have 
been ' by  law  vested  exclusively  in  some  other  court; 
and  said  court  shall  have  the  power  of  naturaliaztion> 
and  to  issue  papers  therefor.  They  shall  have  such 
appellate  jurisdiction  in  cases  arising  in  justice’s  and 
other  inferior  courts  in  their  respective  counties  as 
may  be  prescribed  by  law.  They  shall  be  always  open 
except  on  non-judicial  days,  and  their  process  shall  ex- 
tend to  all  parts  of  the  state.  Said  courts  and  their 
judges  shall  have  power  to  issue  writs  of  mandamus, 
quo  warranto,  review,  certiorari,  prohibition  and  writs 
of  habeas  corpus,  on  petition  by  or  on  behalf  of  any 
person  in  actual  custody  in  their  respective  counties. 
Injunctions  and  writs  of  prohibition  and  of  habeas 
corpus  may  be  issued  and  served  on  legal  holidays  and 
non-judicial  days. 

Sec.  7.  The  judge  of  any  Superior  Court  may  hold  a 
Superior  Court  in  any  county  at  the  request  of  the 
judge  of  the  Superior  Court  thereof,  and  upon  the  re- 
quest of  the  Governor  it  shall  be  his  duty  to  do  so.  A 
case  in  the  Superior  Court  may  be  tried  by  a judge 
pro  tempore , who  must  be  a member  of  the  bar,  agreed 
upon  in  writing  by  the  parties  litigant,  or  their  attor- 
neys of  record,  approved  by  the  court,  and  sworn  to 
try  the  case. 

Sec.  8.  Any  judicial  officer  who  shall  absent  himself 
from  the  state  for  more  than  sixty  consecutive  days 
shall  be  deemed  to  have  forfeited  his  office:  Provided , 
That  in  cases  of  extreme  necessity  the  Governor  may 


STATE  CONSTITUTION. 


157 


extend  the  leave  of  absence  such  time  as  the  necessity 
therefor  shall  exist. 

Sec.  9.  Any  judge  of  any  court  of  record,  the  At-  jjggg? ‘ gfoer 
torney  General,  or  any  prosecuting  attorney  may  be  byLeglsl!aure' 
removed  from  office  by  joint  resolution  of  the  Legis- 
lature, in  which  three-fourths  of  the  members  elected 
to  each  house  shall  concur,  for  incompetency,  corrup- 
tion, malfeasance,  or  delinquency  in  office,  or  other 
sufficient  cause  stated  in  such  resolution.  But  no 
removal  shall  be  made  unless  the  officer  complained  of  Proceedings, 
shall  have  been  served  with  a copy  of  the  charges 
against  him  as  the  ground  of  removal,  and  shall  have 
an  opportunity  of  being  heard  in  his  defense.  Such 
resolution  shall  be  entered  at  length  on  the  journal  of 
both  houses,  and  on  the  question  of  removal  the  ayes 
and  nays  shall  also  be  entered  on  the  journal. 

Sec.  10.  The  Legislature  shall  determine  the  number  Justices  of 

° # # the  peace. 

of  justices  of  the  peace  to  be  elected  in  incorporated 
cities  or  towns  and  in  precincts,  and  shall  prescribe  by 
law  the  powers,  duties  and  jurisdiction  of  justices  of 
the  peace:  Provided , That  such  jurisdiction  granted  by 
the  Legislature  shall  not  trench  upon  the  jurisdiction 
of  superior  or  other  courts  of  record,  except  that  justices 
of  the  peace  may  be  made  police  justices  of  incorporated 
cities  and  towns.  In  incorporated  cities  or  towns  hav- 
ing more  than  five  thousand  inhabitants  the  justices  of 
the  peace  shall  receive  such  salary  as  may  be  provided 
by  law,  and  shall  receive  no  fees  for  their  own  use. 

Sec.  11.  The  Supreme  Court  and  the  superior  courts  record*.  °f 
shall  be  courts  of  record,  and  the  Legislature  shall  have 
power  to  provide  that  any  of  the  courts  of  this  state,  ex- 
cepting justices  of  the  peace,  shall  be  courts  of  record. 

Sec.  12.  The  Legislature  shall  prescribe  by  law  the  inferior 

° x courts,  juris- 

jurisdiction  and  powers  of  any  of  the  inferior  courts  diction  of- 
which  may  be  established  in  pursuance  of  this  consti- 
tution. 

Sec.  13.  No  judicial  officer,  except  court  commis-  of°jSdiSStion 
sioners  and  unsalaried  justices  of  the  peace,  shall  re-  officers- 
ceive  to  his  own  use  any  fees  or  perquisites  of  office. 

The  judges  of  the  Supreme  Court  and  judges  of  the 


158 


STATE  CONSTITUTION. 


Salary  of  su- 
perior judge, 
how  paid. 


Salaries  of 
judges,  amount 
per  annum. 


Judges  ineli- 
gible to  any 
other  office. 


Charge  to  jury. 


Eligibility  to 
judgeship. 


Reporter  for 

Supreme 

Court. 


Superior  Courts  shall  severally,  at  stated  times,  during 
their  continuance  in  office,  receive  for  their  services 
the  salaries  prescribed  by  law  therefor,  which  shall 
not  be  increased  after  their  election,  nor  during  the 
term  for  which  they  shall  have  been  elected.  The 
salaries  of  the  judges  of  the  Supreme  Court  shall  be 
paid  by  the  state.  One-half  of  the  salary  of  each  of 
the  Superior  Court  judges  shall  be  paid  by  the  state, 
and  the  other  one-half  by  the  county  or  counties  for 
which  he  is  elected.  In  cases  where  a judge  is  pro- 
vided for  more  than  one  county,  that  portion  of  his 
salary  which  is  to  be  paid  by  the  counties  shall  be  ap- 
portioned between  or  among  them  according  to  the 
assessed  value  of  their  taxable  property,  to  be  deter- 
mined by  the  assessment  next  preceding  the  time  for 
which  such  salary  is  to  be  paid. 

Sec.  14.  Each  of  the  judges  of  the  Supreme  Court 
shall  receive  an  annual  salary  of  four  thousand  dollars 
($4,000);  each  of  the  Superior  Court  judges  shall  re- 
ceive an  annual  salary  of  three  thousand  dollars 
($3,000),  which  said  salary  shall  be  payable  quarterly. 
The  Legislature  may  increase  the  salaries  of  the  judges 
herein  provided. 

Sec.  15.  The  judges  of  the  Supreme  Court  and  the 
judges  of  the  Superior  Court  shall  be  ineligible  to  any 
other  office  or  public  employment  than  a judicial  office 
or  employment  during  the  term  for  which  they  shall 
have  been  elected. 

Sec.  16.  Judges  shall  not  charge  juries  with  respect 
to  matters  of  fact,  nor  comment  thereon,  but  shall  de- 
clare the  law. 

Sec.  17.  No  person  shall  be  eligible  to  the  office  of 
judge  of  the  Supreme  Court  or  judge  of  a Superior 
Court  unless  he  shall  have  been  admitted  to  practice 
in  the  courts  of  record  of  this  State  or  Territory  of 
Washington. 

Sec.  18.  The  judges  of  the  Supreme  Court  shall  ap- 
point a reporter  for  the  decisions  of  that  court,  who 
shall  be  removable  at  their  pleasure.  He  shall  receive 
such  annual  salary  as  shall  be  prescribed  by  law. 


STATE  CONSTITUTION. 


159 


Sec.  19.  No  judge  of  a court  of  record  shall  practice  not  practice 
law  in  any  court  of  this  state  during  his  continuance  law> 
in  office. 

Sec.  20.  Every  cause  submitted  to  a judge  of  a ^sesby  °f 
Superior  Court  for  his  decision  shall  be  decided  by  him  iX?o7tim|e' 
within  ninety  days  from  the  submission  thereof : Pro- 
vided,, That  if,  within  said  period  of  ninety  days  a re- 
hearing shall  have  been  ordered,  then  the  period 
within  which  he  is  to  decide  shall  commence  at  the 
time  the  cause  is  submitted  upon  such  a rehearing. 

Sec.  21.  The  Legislature  shall  provide  for  the  speedy  opinionsofnsuf- 
publications  of  opinions  of  the  Supreme  Court,  and  all  PremeCourt- 
opinions  shall  be  free  for  publication  by  any  person. 

Sec.  22.  The  judges  of  the  Supreme  Court  shall  ap-  pJ|me°cJurt. 
point  a clerk  of  that  court,  who  shall  be  removable  at 
their  pleasure,  but  the  Legislature  may  provide  for  the 
election  of  the  clerk  of  the  Supreme  Court  and  pre- 
scribe the  term  of  his  office.  The  clerk  of  the  Supreme  salary  of. 
Court  shall  receive  such  compensation,  by  salary  only, 
as  shall  be  provided  by  law. 

Sec.  23.  There  may  be  appointed  in  each  county,  by  SSssioSeS" 
the  judge  of  the  superior  court  having  jurisdiction  powersof‘ 
therein,  one  or  more  court  commissioners,  not  exceed- 
ing three  in  number,  who  shall  have  authority  to  per- 
form like  duties  as  a judge  of  the  superior  court  at 
chambers,  subject  to  revision  by  such  judge,  to  take 
depositions  and  to  perform  such  other  business  con- 
nected with  the  administration  of  justice  as  may  be 
prescribed  by  law. 

Sec.  24.  The  judges  of  the  superior  courts  shall  from  ®JJ“aof 
time  to  time,  establish  uniform  rules  for  the  govern- 
ment of  the  superior  courts. 

Sec.  25.  Superior  judges  shall,  on  or  before  the  first  re- 

day of  November  in  each  year,  report  in  writing  to  the  p?eme° judges, 
judges  of  the  Supreme  Court  such  defects  and  omissions 
in  the  laws  as  their  experience  may  suggest,  and  the 
judges  of  the  Supreme  Court  shall,  on  or  before  the 
first  day  of  January  in  each  year,  report  in  writing  to 
the  Governor  such  defects  and  omissions  in  the  laws 
as  they  may  believe  to  exist. 


160 


STATE  CONSTITUTION. 


Clerk  of  Supe- 
rior Court. 


Style  of 
processes. 


Oaths  of  office 
of  judges. 


Proceedings  in 

impeachment 

cases. 


Impeachment 
for  what 
offenses. 


Removal 
from  office. 


Sec.  26.  The  county  clerk  shall  be  by  virtue  of  his 
office,  clerk  of  the  Superior  Court. 

Sec.  27.  The  style  of  all  process  shall  be,  “The  State 
of  Washington,”  and  all  prosecutions  shall  be  con- 
ducted in  its  name  and  by  its  authority. 

Sec.  28.  Every  judge  of  the  Supreme  Court  and 
every  judge  of  a Superior  Court  shall,  before  entering 
upon  the  duties  of  his  office,  take  and  subscribe  an  oath 
that  he  will  support  the  constitution  of  the  United 
States  and  the  constitution  of  the  State  of  Washington, 
and  will  faithfully  and  impartially  discharge  the  duties 
of  judge  to  the  best  of  his  ability,  which  oath  shall  be 
filed  in  the  office  of  the  Secretary  of  State. 

ARTICLE  V. — IMPEACHMENT. 

Sec.  1.  The  House  of  Representatives  shall  have  the 
sole  power  of  impeachment.  The  concurrence  of  a 
majority  of  all  the  members  shall  be  necessary  to  an 
impeachment.  All  impeachments  shall  be  tried  by  the 
Senate,  and  when  sitting  for  that  purpose  the  senators 
shall  be  upon  oath  or  affirmation  to  do  justice  accord- 
ing to  law  and  evidence.  When  the  Governor  or 
Lieutenant  Governor  is  on  trial,  the  chief  justice  of  the 
Supreme  Court  shall  preside.  No  person  shall  be  con- 
victed without  a concurrence  of  two-thirds  of  the  sen- 
ators elected. 

Sec.  2.  The  Governor  and  other  state  and  judicial 
officers,  except  judges  and  justices  of  courts  not  of  rec- 
ord, shall  be  liable  to  impeachment  for  high  crimes  or 
misdemeanors,  or  malfeasance  in  office,  but  judgment 
in  such  cases  shall  extend  only  to  removal  from  office 
and  disqualification  to  hold  any  office  of  honor,  trust  or 
profit,  in  the  state.  The  party,  whether  convicted  or 
acquitted,  shall,  nevertheless,  be  liable  to  prosecution, 
trial,  judgment  and  punishment  according  to  law. 

Sec.  8.  All  officers  not  liable  to  impeachment  shall 
be  subject  to  removal  for  misconduct  or  malfeasance  in 
office,  in  such  manner  as  may  be  provided  by  law. 


STATE  CONSTITUTION. 


161 


ARTICLE  VI.— ELECTIONS  AND  ELECTIVE  RIGHTS. 

Section  1.  All  male  persons  of  the  age  of  twenty-  o^eiectors.0118 
one  years  or  over,  possessing  the  following  qualifica- 
tions, shall  be  entitled  to  vote  at  all  elections : They 
shall  be  citizens  of  the  United  States;  they  shall  have 
lived  in  the  state  one  year,  and  in  the  county  ninety 
days,  and  in  the  city,  town,  ward  or  precinct  thirty 
days  immediately  preceding  the  election  at  which  they 
offer  to  vote  : Provided,  That  Indians  not  taxed  shall 
never  be  allowed  the  elective  franchise : Provided 
further , That  all  male  persons  who  at  the  time  of  the 
adoption  of  this  constitution  are  qualified  electors  of 
the  territory  shall  be  electors. 

Sec.  2.  The  Legislature  may  provide  that  there  shall  U school 
be  no  denial  of  the  elective  franchise  at  any  school  elec- 
tion on  account  of  sex. 

Sec.  3.  All  idiots,  insane  persons,  and  persons  con- Certain  ^ 
victed  of  infamous  crime,  unless  restored  to  their  civil  electors-‘ 
rights,  are  excluded  from  the  elective  franchise. 

Sec.  4.  For  the  purpose  of  voting  and  eligibility  to  ge^encenot 
office  no  person  shall  be  deemed  to  have  gained  a resi-  slryic^etc 
dence  by  reason  of  his  presence,  or  lost  it  by  reason  of 
his  absence,  while  in  the  civil  or  military  service  of  the 
state  or  of  the  United  States,  nor  while  a student  at  any 
institution  of  learning,  nor  while  kept  at  public  expense 
at  any  poor  house  or  other  asylum,  nor  while  confined 
in  public  prison,  nor  while  engaged  in  the  navigation 
of  the  waters  of  this  state  or  of  the  United  States,  or 
of  the  high  seas. 

Sec.  5.  Voters  shall  in  all  cases  except  treason,  f el-  immunity 
ony  and  breach  of  the  peace,  be  privileged  from  arrest  election  days, 
during  their  attendance  at  elections  and  in  going  to 
and  returning  therefrom.  No  elector  shall  be  required 
to  do  military  duty  on  the  day  of  any  election  except 
in  time  of  war  or  public  danger. 

Sec.  6.  All  elections  shall  be  by  ballot.  The  Legisla-  ®aiiotioris 
ture  shall  provide  for  such  method  of  voting  as  will 
secure  to  every  elector  absolute  secrecy  in  preparing 
and  depositing  his  ballot. 

—11 


162 


STATE  CONSTITUTION. 


Registration 

laws. 


First  election 
of  officers; 
subsequent 
elections. 


All  property 
taxed  accord- 
ing to  value : 
annual  levies. 


Uniform  and 
equal  rates 
of  taxation. 


Sec.  7.  The  Legislature  shall  enact  a registration 
law,  and  shall  require  a compliance  with  such  law  be- 
fore any  elector  shall  be  allowed  to  vote:  Provided, 
That  this  provision  is  not  compulsory  upon  the  Legis- 
lature, except  as  to  cities  and  towns  having  a popula- 
tion of  over  five  hundred  inhabitants.  In  all  other  cases 
the  Legislature  may  or  may  not  require  registration  as 
a pre-requisite  to  the  right  to  vote,  and  the  same  sys- 
tem of  registration  need  not  be  adopted  for  both  classes. 

Sec.  8.  The  first  election  of  county  and  district  of- 
ficers, not  otherwise  provided  for  in  this  constitution, 
shall  be  on  the  Tuesday  next  after  the  first  Monday  in 
November,  1890,  and  thereafter  all  elections  for  such 
officers  shall  be  held  biennially  on  the  Tuesday  next 
succeeding  the  first  Monday  in  November.  The  first 
election  of  all  state  officers  not  otherwise  provided  for 
in  this  constitution,  after  the  election  held  for  the 
adoption  of  this  constitution,  shall  be  on  the  Tuesday 
next  after  the  first  Monday  in  November,  1892,  and  the 
elections  for  such  state  officers  shall  be  every  fourth 
year  thereafter  on  the  Tuesday  succeeding  the  first 
Monday  in  November. 

ARTICLE  VII. — REVENUE  AND  TAXATION. 

Section  1.  All  property  in  the  state,  not  exempt 
under  the  laws  of  the  United  States,  or  under  this  con- 
stitution, shall  be  taxed  in  proportion  to  its  value,  to 
be  ascertained  as  provided  by  law.  The  Legislature 
shall  provide  by  law  for  an  annual  tax  sufficient,  with 
other  sources  of  revenue,  to  defray  the  estimated  ordi- 
nary expenses  of  the  state  for  each  fiscal  year.  And 
for  the  purpose  of  paying  the  state  debt,  if  there  be 
any,  the  Legislature  shall  provide  for  levying  a tax 
annually,  sufficient  to  pay  the  annual  interest  and 
principal  of  such  debt  within  twenty  years  from  the 
final  passage  of  the  law  creating  the  debt. 

Sec.  2.  The  Legislature  shall  provide  by  law  a uni- 
form and  equal  rate  of  assessment  and  taxation  on  all 
property  in  the  state,  according  to  its  value  in  money, 
and  shall  prescribe  such  regulations  by  general  law  as 
shall  secure  a just  valuation  for  taxation  of  all  prop- 


STATE  CONSTITUTION. 


163 


erty,  so  that  every  person  and  corporation  shall  pay  a 
tax  in  proportion  to  the  value  of  his,  her  or  its  prop- 
erty : Provided , That  a deduction  of  debts  from  credits 
may  be  authorized : Provided  further , That  the  prop-  Exemptions, 
erty  of  the  United  States,  and  of  the  state,  counties, 
school  districts  and  other  municipal  corporations,  and 
such  other  property  as  the  Legislature  may  by  general 
laws  provide,  shall  be  exempt  from  taxation. 

Sec.  3.  The  Legislature  shall  provide  by  general  law  Assessment  of 

” r 1/0  corporation 

for  the  assessing  and  levying  of  taxes  on  all  corpora-  property, 
tion  property  as  near  as  may  be  by  the  same  methods 
as  are  provided  for  the  assessing  and  levying  of  taxes 
on  individual  property. 

Sec.  4.  The  power  to  tax  corporations  and  corporate  Same. 
property  shall  not  be  surrendered  or  suspended  by  any 
contract  or  grant  to  which  the  state  shall  be  a party. 

Sec.  5.  No  tax  shall  be  levied  except  in  pursuance  S^uiuanc? 
of  law;  and  every  law  imposing  a tax  shall  state  dis-oflaw' 
tinctly  the  object  of  the  same,  to  which  only  it  shall  be 
applied. 

Sec.  6.  All  taxes  levied  and  collected  for  state  pur-  A11  taxes  paid 
poses  shall  be  paid  in  money  only  into  the  state  treasury. 

Sec.  7.  An  accurate  statement  of  the  receipts  and  an? 
expenditures  of  the  public  moneys  shall  be  published  exPendltures- 
annually,  in  such  manner  as  the  Legislature  may 
provide. 

Sec.  8.  Whenever  the  expenses  of  any  fiscal  year  Decencies 
shall  exceed  the  income,  the  Legislature  may  provide  provided  for- 
for  levying  a tax  for  the  ensuing  fiscal  year,  sufficient, 
with  other  sources  of  income,  to  pay  the  deficiency,  as 
well  as  the  estimated  expenses  of  the  ensuing  fiscal 
year. 

Sec.  9.  The  Legislature  may  vest  the  corporate  au-  ail^wns  toes 
thorities  of  cities,  towns  and  villages  with  the  power  j.|^sspecial 
to  make  local  improvements  by  special  assessment, 
or  by  special  taxation  of  property  benefited.  For  all 
corporate  purposes,  all  municipal  corporations  may 
be  vested  with  authority  to  assess  and  collect  taxes, 
and  such  taxes  shall  be  uniform  in  respect  to  persons 


164 


STATE  CONSTITUTION. 


and  property  within  the  jurisdiction  of  the  body  levy- 
ing the  same. 

ARTICLE  VIII.— STATE,  COUNTY  AND  MUNICIPAL  INDEBTEDNESS. 


State  indebt- 
edness limited. 


Exceptions  to 
limitation. 


Special  pro- 
vision for 
incurring 
indebtedness. 


Appropri- 

ations. 


Section  1.  The  state  may,  to  meet  casual  deficits  or 
failures  in  revenues,  or  for  expenses  not  provided  for, 
contract  debts,  but  such  debts,  direct  and  contingent, 
singly  or  in  the  aggregate,  shall  not  at  any  time  exceed 
four  hundred  thousand  dollars  ($400,000),  and  the 
moneys  arising  from  the  loans  creating  such  debts 
shall  be  applied  to  the  purpose  for  which  they  were 
obtained,  or  to  repay  the  debts  so  contracted,  and  to 
no  other  purpose  whatever. 

Sec.  2.  In  addition  to  the  above  limited  power  to 
contract  debts,  the  state  may  contract  debts  to  repel 
invasion,  suppress  insurrection,  or  to  defend  the  state 
in  war,  but  the  money  arising  from  the  contracting  of 
such  debts  shall  be  applied  to  the  purpose  for  which  it 
was  raised  and  no  other  purpose  whatever. 

Sec.  3.  Except  the  debts  specified  in  sections  onfc 
and  two  of  this  article,  no  debt  shall  hereafter  be  con- 
tracted by,  or  on  behalf  of  this  state,  unless  such  debt 
shall  be  authorized  by  law  for  some  single  work  or  ob- 
ject to  be  distinctly  specified  therein,  which  law  shall 
provide  ways  and  means,  exclusive  of  loans,  for  the 
payment  of  the  interest  on  such  debt  as  it  falls  due, 
and  also  to  pay  and  discharge  the  principal  of  such 
debt  within  twenty  years  from  the  time  of  the  con- 
tracting thereof.  No  such  law  shall  take  effect  until 
it  shall,  at  a general  election,  have  been  submitted  to 
the  people  and  have  received  a majority  of  all  the  votes 
cast  for  and  against  it  at  such  election,  and  all  moneys 
raised  by  authority  of  such  law  shall  be  applied  only 
to  the  specific  object  therein  stated,  or  to  the  payment 
of  the  debt  thereby  created,  and  such  law  shall  be 
published  in  at  least  one  newspaper  in  each  county,  if 
one  be  published  therein,  throughout  the  state,  for 
three  months  next  preceding  the  election  at  which  it 
is  submitted  to  the  people. 

Sec.  4.  No  money  shall  ever  be  paid  out  of  the 
treasury  of  this  state,  or  any  of  its  funds,  or  any  of  the 


STATE  CONSTITUTION. 


165 


funds  under  its  management,  except  in  pursuance  of 
an  appropriation  by  law ; nor  unless  such  payment  be 
made  within  two  years  from  the  first  day  of  May  next 
after  the  passage  of  such  appropriation  act,  and  every 
such  law  making  a new  appropriation,  or  continuing 
or  reviving  an  appropriation,  shall  distinctly  specify 
the  sum  appropriated,  and  the  object  to  which  it  is  to 
be  applied,  and  it  shall  not  be  sufficient  for  such  law 
to  refer  to  any  other  law  to  fix  such  sum. 

Sec.  5.  The  credit  of  the  state  shall  not,  in  any  shin  not  t>eate 
manner,  he  given  or  loaned  to,  or  in  aid  of,  any  indi-  Sl|o?itionl°f 
vidual,  association,  company  or  corporation. 

Sec.  6.  No  county,  city,  town,  school  district  or  other  dehtednessof 
municipal  corporation  shall  for  any  purpose  become  Indnschooilties 
indebted  in  any  manner  to  an  amount  exceeding  one  dlstncts- 
and  one-half  percentum  of  the  taxable  property  in  such 
county,  city,  town,  school  district  or  other  municipal 
corporation,  without  the  assent  of  three-fifths  of  the 
voters  therein  voting  at  an  election  to  be  held  for  that 
purpose,  nor  in  cases  requiring  such  assent  shall  the 
total  indebtedness  at  any  time  exceed  five  per  centum 
on  the  value  of  the  taxable  property  therein,  to  be  as- 
certained by  the  last  assessment  for  state  and  county 
purposes  previous  to  the  incurring  of  such  indebted- 
ness, except  that  in  incorporated  cities  the  assessment 
shall  be  taken  from  the  last  assessment  for  city  pur- 
poses : Provided , That  no  part  of  the  indebtedness 
allowed  in  this  section  shall  be  incurred  for  any  pur- 
pose other  than  strictly  county,  city,  town,  school 
district  or  other  municipal  purposes:  Provided  further. 

That  any  city  or  town  with  such  assent  may  be  allowed 
to  become  indebted  to  a larger  amount,  but  not  exceed- 
ing five  per  centum  additional,  for  supplying  such  city 
or  town  with  water,  artificial  light  and  sewers,  when 
the  works  for  supplying  such  water,  light  and  sewers 
shall  be  owned  and  controlled  by  the  municipality. 

Sec.  7.  No  county,  city,  town  or  other  municipal  counties  and 
corporation  shall  hereafter  give  any  money  or  property,  corporations 
or  loan  its  money  or  credit,  to  or  in  aid  of  any  indi-  etc* 
vidual,  association,  company  or  corporation,  except  for 


166 


STATE  CONSTITUTION. 


the  necessary  support  of  the  poor  and  infirm,  or  become 
directly  or  indirectly  the  owner  of  any  stock  in  or 
bonds  of  any  association,  company  or  corporation. 


Education  of 
children. 


Uniform  sys- 
tem of  public 
shools;  in- 
cludes what; 
support  of. 


Common 
school  fund; 
derived  from 
what  sources. 


ARTICLE  IX.— EDUCATION. 

Section  1.  It  is  the  paramount  duty  of  the  state  to 
make  ample  provision  for  the  education  of  all  children 
residing  within  its  borders,  without  distinction  or  pref- 
erence on  account  of  race,  color,  caste  or  sex. 

Sec.  2.  The  Legislature  shall  provide  for  a general 
and  uniform  system  of  public  schools.  The  public 
school  system  shall  include  common  schools,  and  such 
high  schools,  normal  schools  and  technical  schools  as 
may  hereafter  be  established.  But  the  entire  revenue 
derived  from  the  common  school  fund,  and  the  state 
tax  for  common  schools,  shall  be  exclusively  applied 
to  the  support  of  the  common  schools. 

Sec.  3.  The  principal  of  the  common  school  fund 
shall  remain  permanent  and  irreducible.  The  said 
fund  shall  be  derived  from  the  following  named  sources, 
to-wit : Appropriations  and  donations  by  the  state  to 
this  fund ; donations  and  bequests  by  individuals  to 
the  state  or  public  for  common  schools;  the  proceeds 
of  lands  and  other  property  which  revert  to  the  state 
by  escheat  and  forfeiture ; the  proceeds  of  all  property 
granted  to  the  state,  when  the  purpose  of  the  grant  is 
not  specified,  or  is  uncertain ; funds  accumulated  in 
the  treasury  of  the  state  for  the  disbursement  of  which 
provision  has  not  been  made  by  law ; the  proceeds  of 
the  sale  of  timber,  stone,  minerals  and  other  property 
from  school  and  state  lands,  other  than  those  granted 
for  specific  purposes ; all  moneys  received  from  per- 
sons appropriating  timber,  stone,  minerals  or  other 
property  from  school  and  state  lands  other  than  those 
granted  for  specific  purposes,  and  all  moneys  other  than 
rental  recovered  from  persons  trespassing  on  said  lands; 
five  per  centum  of  the  proceeds  of  the  sale  of  public 
lands  lying  within  the  state,  which  shall  be  sold  by  the 
United  States  subsequent  to  the  admission  of  the  state 
into  the  Union  as  approved  by  section  13  of  the  act  of 
Congress  enabling  the  admission  of  the  state  into  the 


STATE  CONSTITUTION. 


167 


Union;  the  principal  of  all  funds  arising  from  the 
sale  of  lands  and  other  property  which  have  been,  and 
hereafter  may  be,  granted  to  the  state  for  the  support 
of  common  schools.  The  Legislature  may  make  further 
provisions  for  enlarging  said  fund.  The  interest  accru- 
ing on  said  fund,  together  with  all  rentals  and  other 
revenues  derived  therefrom,  and  from  lands  and  other 
property  devoted  to  the  common  school  fund,  shall  be 
exclusively  applied  to  the  current  use  of  the  common 
schools. 

Sec.  4.  All  schools  maintained  or  supported  wholly 
or  in  part  by  the  public  funds  shall  be  forever  free 
from  sectarian  control  or  influence. 

Sec.  5.  All  losses  to  the  permanent  common  school 
or  any  other  state  educational  fund,  which  shall  be 
occasioned  by  defalcation,  mismanagement  or  fraud  of 
the  agents  or  officers  controlling  or  managing  the 
same,  shall  be  audited  by  the  proper  authorities  of  the 
state.  The  amount  so  audited  shall  be  a permanent 
funded  debt  against  the  state  in  favor  of  the  particular 
fund  sustaining  such  loss,  upon  which  not  less  than  6 
per  cent,  annual  interest  shall  be  paid.  The  amount 
of  liability  so  created  shall  not  be  counted  as  a part  of 
the  indebtedness  authorized  and  limited  elsewhere  in 
this  constitution. 

ARTICLE  X.— MILITIA. 

Section  1.  All  able-bodied  male  citizens  of  this  state, 
between  the  ages  of  eighteen  (18)  and  forty-five  (45) 
years,  except  such  as  are  exempt  by  laws  of  the  United 
States  or  by  the  laws  of  this  state,  shall  be  liable  to 
military  duty. 

Sec.  2.  The  Legislature  shall  provide  by  law  for 
organizing  and  disciplining  the  militia  in  such  man- 
ner as  it  may  deem  expedient,  not  incompatible  with 
the  constitution  and  laws  of  the  United  States.  Offi- 
cers of  the  militia  shall  be  elected  or  appointed  in  such 
manner  as  the  Legislature  shall  from  time  to  time 
direct,  and  shall  be  commissioned  by  the  Governor. 
The  Governor  shall  have  power  to  call  forth  the  militia 


Legislature 
may  provide 
for  increase. 


Schools  non- 
sectarian. 


Losses  to  per- 
manent school 
fund  become  a 
debt  on  state. 


Military  duty 
who  are 
liable  to. 


Organization 
of  militia. 


168 


STATE  CONSTITUTION. 


Soldiers’ 

Home. 


Arms. 


Immunity 
from  arrest. 


Exemption 
from  military 
duty. 


County 

organization 

recognized. 


Removal  of 
county  seats. 


Organization 
of  new 
counties. 


Change  of 
boundaries. 


to  execute  the  laws  of  the  state,  to  suppress  insurrec- 
tions and  repel  invasions. 

Sec.  3.  The  Legislature  shall  provide  by  law  for  the 
maintenance  of  a Soldiers’  Home  for  honorably  dis- 
charged Union  soldiers,  sailors,  marines  and  members 
of  the  state  militia  disabled  while  in  the  line  of  duty, 
and  who  are  bona  fide  citizens  of  the  state. 

Sec.  4.  The  Legislature  shall  provide  by  law  for  the 
protection  and  safe  keeping  of  the  public  arms. 

Sec.  5.  The  militia  shall,  in  all  cases,  except  treason, 
felony  and  breach  of  the  peace,  be  privileged  from  ar- 
rest during  the  attendance  at  musters  and  elections  of 
officers,  and  in  going  to  and  returning  from  the  same. 

Sec.  6.  No  person  or  persons,  having  conscientious 
scruples  against  bearing  arms,  shall  be  compelled  to 
do  militia  duty  in  time  of  peace:  Provided , Such  per- 
son or  persons  shall  pay  an  equivalent  for  such  exemp- 
tion. 

ARTICLE  XI. -—COUNTY,  CITY  AND  TOWNSHIP  ORGANIZATION. 

Section  1.  The  several  counties  of  the  Territory  of 
Washington  existing  at  the  time  of  the  adoption  of 
this  constitution  are  hereby  recognized  as  legal  sub- 
divisions of  this  state. 

Sec.  2.  No  county  seat  shall  be  removed  unless  three- 
fifths  of  the  qualified  electors  of  the  county,  voting  on 
the  proposition  at  a general  election,  shall  vote  in 
favor  of  such  removal,  and  three-fifths  of  all  votes  cast 
on  the  proposition  shall  be  required  to  relocate  a county 
seat.  A proposition  of  removal  shall  not  be  submitted 
in  the  same  county  more  than  once  in  four  years. 

Sec.  3.  No  new  county  shall  be  established  which 
shall  reduce  any  county  to  a population  of  less  than 
four  thousand  (4,000),  nor  shall  a new  county  be  formed 
containing  a less  population  than  two  thousand  (2,000). 
There  shall  be  no  territory  stricken  from  any  county 
unless  a majority  of  the  voters  living  in  such  territory 
shall  petition  therefor,  and  then  onty  under  such  other 
conditions  as  may  be  prescribed  by  a general  law  ap- 
plicable to  the  whole  state.  Every  county  which  shall 
be  enlarged  or  created  from  territory  taken  from  any 


STATE  CONSTITUTION. 


169 


other  county  or  counties  shall  be  liable  for  a just  pro- 
portion of  the  existing  debts  and  liabilities  of  the 
county  or  counties  from  which  such  territory  shall  be 
taken;  Provided , That  in  such  accounting  neither  county 
shall  be  charged  with  any  debt  or  liability  then  existing, 
incurred  in  the  purchase  of  any  county  property  or  in 
the  purchase  or  construction  of  any  county  buildings 
then  in  use-  or  under  construction,  which  shall  fall 
within  and  be  retained  by  the  county:  Provided  further , 

That  this  shall  not  be  construed  to  affect  the  rights  of 
creditors. 

Sec.  4.  The  Legislature  shall  establish  a system  of^;°™of 
county  government  which  shall  be  uniform  throughout  g°vernment- 
the  state,  and  by  general  laws  shall  provide  for  town- 
ship organization,  under  which  any  county  may  or- 
ganize whenever  a majority  of  the  qualified  electors  of 
such  county  voting  at  a general  election  shall  so  de- 
termine, and  whenever  a county  shall  adopt  township 
organization,  the  assessment  and  collection  of  revenue 
shall  be  made,  and  the  business  of  such  county,  and 
the  local  affairs  of  the  several  townships  therein,  shall 
be  managed  and  transacted  in  the  manner  prescribed 
by  such  general  law. 

Sec.  5.  The  Legislature,  by  general  and  uniform  laws,  J^rs,  com- 
shall  provide  for  the  election  in  the  several  counties  of  Pensatlon  of- 
boards  of  county  commissioners,  sheriffs,  county  clerks, 
treasurers,  prosecuting  attorneys,  and  other  county, 
township  or  precinct  and  district  officers,  as  public  con- 
venience may  require,  and  shall  prescribe  their  duties 
and  fix  their  terms  of  office.  It  shall  regulate  the  com- 
pensation of  all  such  officers,  in  proportion  to  their 
duties,  and  for  that  purpose  may  classify  the  counties 
by  population.  And  it  shall  provide  for  the  strict  ac- 
countability of  such  officers  for  all  fees  which  may  be 
collected  by  them,  and  for  all  public  moneys  which  may 
be  paid  to  them,  or  officially  come  into  their  posses- 
sion. 

Sec.  6.  The  board  of  county  commissioners  in  each  vacancies, 
county  shall  fill  all  vacancies  occurring  in  any  county, 
township,  precinct  or  road  district  office  of  such  county 


170 


STATE  CONSTITUTION. 


Ineligibility 
for  more  than 
two  terms. 


Salaries. 


All  counties 
liable  for  state 
taxes. 


Municipal  cor- 
porations, not 
created  by 
special  acts. 


Charters  for 
cities  of  20,000 
or  more. 


by  appointment,  and  officers  thus  appointed  shall  hold 
office  till  the  next  general  election,  and  until  their  suc- 
cessors are  elected  and  qualified. 

Sec.  7.  No  county  officer  shall  be  eligible  to  hold 
his  office  more  than  two  terms  in  succession. 

Sec.  8.  The  Legislature  shall  fix  the  compensation 
by  salaries  of  all  county  officers,  and  of  constables  in 
cities  having  a population  5,000  and  upward ; except 
that  public  administrators,  surveyors  and  coroners  may 
or  may  not  be  salaried  officers.  The  salary  of  any 
county,  city,  town  or  municipal  officer  shall  not  be  in- 
creased or  diminished  after  his  election,  or  during  his 
term  of  office ; nor  shall  the  term  of  any  such  officer 
be  extended  beyond  the  period  for  which  he  is  elected 
or  appointed. 

Sec.  9.  No  county,  nor  the  inhabitants  thereof,  nor 
the  property  therein,  shall  be  released  or  discharged 
from  its  or  their  proportionate  share  of  taxes  to  be 
levied  for  state  purposes,  nor  shall  commutation  for 
such  taxes  be  authorized  in  any  form  whatever. 

Sec.  10.  Corporations  for  municipal  purposes  shall 
not  be  created  by  special  laws ; but  the  Legislature,  by 
general  laws,  shall  provide  for  the  incorporation,  organ- 
ization and  classification,  in  proportion  to  population, 
of  cities  and  towns,  which  laws  may  be  altered,  amended 
or  repealed.  Cities  and  towns  heretofore  organized  or 
incorporated  may  become  organized  under  such  general 
laws  whenever  a majority  of  the  electors  voting  at  a 
general  election  shall  so  determine,  and  shall  organize 
in  conformity  therewith ; and  cities  or  towns  hereto- 
fore or  hereafter  organized,  and  all  charters  thereof 
framed  or  adopted  by  authority  of  this  constitution, 
shall  be  subject  to  and  controlled  by  general  laws. 
Any  city  containing  a population  of  twenty  thousand 
inhabitants,  or  more,  shall  be  permitted  to  frame  a 
charter  for  its  own  government,  consistent  with  and 
subject  to  the  constitution  and  laws  of  this  state,  and 
for  such  purpose  the  legislative  authority  of  such  city 
may  cause  an  election  to  be  had,  at  which  election  there 
shall  be  chosen  by  the  qualified  electors  of  said  city, 


STATE  CONSTITUTION. 


17.1 


fifteen  freeholders  thereof,  who  shall  have  been  resi- 
dents of  said  city  for  a period  of  at  least  two  years  pre- 
ceding their  election,  and  qualified  electors,  whose 
duty  it  shall  be  to  convene  within  ten  days  after  their 
election  and  prepare  and  propose  a charter  for  such 
city.  Such  proposed  charter  shall  be  submitted  to  the 
qualified  electors  of  said  city,  and  if  a majority  of  such 
qualified  electors  voting  thereon  ratify  the  same,  it 
shall  become  the  charter  of  said  city,  and  shall  become 
the  organic  law  thereof,  and  supersede  any  existing 
charter,  including  amendments  thereto,  and  all  special 
laws  inconsistent  with  such  charter.  Said  proposed 
charter  shall  be  published  in  two  daily  newspapers 
published  in  said  city,  for  at  least  thirty  days  prior  to 
the  day  of  submitting  the  same  to  the  electors  for  their 
approval,  as  above  provided.  All  elections  in  this  sec- 
tion authorized  shall  only  be  had  upon  notice,  which 
notice  shall  specify  the  object  of  calling  such  election, 
and  shall  be  given  for  at  least  ten  days  before  the  day 
of  election,  in  all  election  districts  of  said  city.  Said 
elections  may  be  general  or  special  elections,  and  ex- 
cept as  herein  provided  shall  be  governed  by  the  law 
regulating  and  controlling  general  or  special  elections 
in  said  city.  Such  charter  may  be  amended  by  pro- 
posals therefor  submitted  by  the  legislative  authority 
of  such  city  to  the  electors  thereof- at  any  general  elec- 
tion after  notice  of  said  submission  published  as  above 
specified,  and  ratified  by  a majority  of  the  qualified 
electors  voting  thereon.  In  submitting  any  such  char- 
ter, or  amendment  thereto,  any  alternate  article  or 
proposition  may  be  presented  for  the  choice  of  the  vot- 
ers, and  may  be  voted  on  separately  without  prejudice 
to  others. 

Sec.  11.  Any  county,  city,  town  or  township  may 
make  and  enforce  within  its  limits  all  such  local  po- 
lice, sanitary  and  other  regulations  as  are  not  in  con- 
flict with  general  la^ws. 

Sec.  12.  The  Legislature  shall  have  no  power  to 
impose  taxes  upon  counties,  cities,  towns  or  other  mu- 
nicipal corporations,  or  upon  the  inhabitants  or  prop- 


Adoption  of 
charter. 


Amendment 
of  charter. 


Privileges 
of  cities. 


Local  taxation 
governed  by 
general  laws. 


172 


STATE  CONSTITUTION. 


Unlawful  use 
of  public 
money  a 
felony. 


All  public 
money  to  be 
deposited  with 
treasurer. 


Not  created  by 
special  laws. 


Legislature 
shall  not  ex- 
tend franchise 
or  remit 
forfeiture. 


Liability  of 
stockholders. 


erty  thereof,  for  county,  city,  town,  or  other  municipal 
purposes,  but  may  by  general  laws  vest  in  the  corporate 
authorities  thereof  the  power  to  assess  and  collect  taxes 
for  such  purposes. 

Sec.  13.  Private  property  shall  not  be  taken  or  sold 
for  the  payment  of  the  corporate  debt  of  any  public  or 
municipal  corporation,  except  in  the  mode  provided  by 
law  for  the  levy  and  collection  of  taxes. 

Sec.  14.  The  making  of  profit  out  of  county,  city, 
town  or  other  public  money,  or  using  the  same  for  any 
purpose  not  authorized  by  law,  by  any  officer  having 
the  possession  or  control  thereof,  shall  be  a felony,  and 
shall  be  prosecuted  and  punished  as  prescribed  bylaw. 

Sec.  15.  All  moneys,  assessments  and  taxes  belong- 
ing to  or  collected  for  the  use  of  any  county,  city,  town 
or  other  public  or  municipal  corporation,  coming  into 
the  hands  of  any  officer  thereof,  shall  immediately  be 
deposited  with  the  treasurer,  or  other  legal  depositary, 
to  the  credit  of  such  city,  town,  or  other  corporation 
respectively,  for  the  benefit  of  the  funds  to  which  they 
belong. 

ARTICLE  XII. — CORPORATIONS  OTHER  THAN  MUNICIPAL. 

Section  1.  Corporations  may  be  formed  under  gen- 
eral laws,  but  shall  not  be  created  by  special  acts.  All 
laws  relating  to  corporations  may  be  altered,  amended 
or  repealed  by  the  Legislature  at  any  time,  and  all  cor- 
porations doing  business  in  this  state  may,  as  to  such 
business,  be  regulated,  limited  or  restrained  by  law. 

Sec.  2.  All  existing  charters,  franchises,  special  or 
exclusive  privileges,  under  which  an  actual  and  bona 
fide  organization  shall  not  have  taken  place,  and  busi- 
ness been  commenced  in  good  faith,  at  the  time  of  the 
adoption  of  this  constitution,  shall  thereafter  have  no 
validity. 

Sec.  3.  The  Legislature  shall  not  extend  any  fran- 
chise or  charter,  nor  remit  the  forfeiture  of  any  fran- 
chise or  charter  of  any  corporation  now  existing,  or 
which  shall  hereafter  exist  under  the  laws  of  this  state. 

Sec.  4.  Each  stockholder  in  all  incorporated  com- 
panies, except  corporations  organized  for  banking  or 


STATE  CONSTITUTION. 


173 


insurance  purposes,  shall  be  liable  for  the  debts  of  the 
corporation  to  the  amount  of  his  unpaid  stock,  and  no 
more,  and  one  or  more  stockholders  may  be  joined  as 
parties  defendant  in  suits  to  recover  upon  this  liability. 

Sec.  5.  The  term  corporations,  as  used  in  this  ar-  constnSdTo 
tide,  shall  be  construed  to  include  all  associations  and  mclude  wliat- 
joint  stock  companies  having  any  powers  or  privileges 
of  corporations  not  possessed  by  individuals  or  partner- 
ships, and  all  corporations  shall  have  the  right  to  sue 
and  shall  be  subject  to  be  sued,  in  all  courts,  in  like 
cases  as  natural  persons. 

Sec.  6.  Corporations  shall  not  issue  stock,  except  to  stock^acti-11 
bona  fide  subscribers  therefor,  or  their  assignees ; nor  issue 
shall  any  corporation  issue  any  bond,  or  other  obliga- 
tion, for  the  payment  of  money,  except  for  money  or 
property  received  or  labor  done.  The  stock  of  cor- 
porations shall  not  be  increased,  except  in  pursuance 
of  a general  law,  nor  shall  any  law  authorize  the  in- 
crease of  stock,  without  the  consent  of  the  person  or 
persons  holding  the  larger  amount  in  value  of  the 
stock,  nor  without  due  notice  of  the  proposed  increase 
having  been  previously  given  in  such  manner  as  may 
be  prescribed  by  law.  All  fictitious  increase  of  stock 
or  indebtedness  shall  be  void. 

Sec.  7.  No  corporation  organized  outside  the  limits 
of  this  state  shall  be  allowed  to  transact  business  within 
the  state  on  more  favorable  conditions  than  are  pre- 
scribed by  law  to  similar  corporations  organized  under 
the  laws  of  this  state. 

Sec.  8.  No  corporation  shall  lease  or  alienate  any  Leasing  or 

x ° alienation  of 

franchise,  so  as  to  relieve  the  franchise,  or  property  franchises, 
held  thereunder,  from  the  liabilities  of  the  lessor,  or 
grantor,  lesee,  or  grantee,  contracted  or  incurred  in  the 
operation,  use,  or  enjoyment  of  such  franchise  or  any 
of  its  privileges. 

Sec.  9.  The  state  shall  not  in  any  manner  loan  its  state  shall  not. 

* loan  its  credit 

credit,  nor  shall  it  subscribe  to,  or  be  interested  in,  the  tocorpora- 
stock  of  any  company,  association  or  corporation. 

Sec.  10.  The  exercise  of  the  right  of  eminent  do-  fomafn^ bstate= 
main  shall  never  be  so  abridged  or  construed  as  to  ?ightexercise 


174 


STATE  CONSTITUTION. 


Corporations 
and  individ- 
uals shall  not 
issue  money, 
except  lawful 
money  of  U.  S. 


Liability  of 
stockholders. 


Insolvent 
banks  shall 
not  receive 
deposits. 


Common  car- 
riers; rights; 
duties. 


prevent  the  Legislature  from  taking  the  property  and 
franchises  of  incorporated  companies,  and  subjecting 
them  to  public  use  the  same  as  the  property  of  indi- 
viduals. 

Sec.  11.  No  corporation,  association,  or  individual 
shall  issue  or  put  in  circulation  as  money  anything  but 
the  lawful  money  of  the  United  States.  Each  stock- 
holder of  any  banking  or  insurance  corporation  or 
joint  stock  association  shall  be  individually  and  per- 
sonally liable,  equally  and  ratably  and  not  one  for  an- 
other, for  all  contracts,  debts  and  engagements  of  such 
corporation  or  association  accruing  while  they  remain 
such  stockholders,  to  the  extent  of  the  amount  of  their 
stock  therein  at  the  par  value  thereof,  in  addition  to 
the  amount  invested  in  such  shares. 

Sec.  12.  Any  president,  director,  manager,  cashier, 
or  other  officer  of  any  banking  institution  who  shall 
receive  or  assent  to  the  reception  of  deposits  after  he 
shall  have  knowledge  of  the  fact  that  such  banking  in- 
stitution is  insolvent  or  in  failing  circumstances  shall 
be  individually  responsible  for  such  deposits  so  re- 
ceived. 

Sec.  13.  All  railroad,  canal  and  other  transportation 
companies  are  declared  to  be  common  carriers  and 
subject  to  legislative  control.  Any  association  or  cor- 
poration organized  for  the  purpose,  under  the  laws  of 
the  state,  shall  have  the  right  to  connect  at  the  state 
line  with  railroads  of  other  states.  Every  railroad  com- 
pany shall  have  the  right  with  its  road,  whether  the 
same  be  now  constructed  or  may  hereafter  be  con- 
structed, to  intersect,  cross  or  connect  with  any  other 
railroad,  and  when  such  railroads  are  of  the  same  or 
similar  guage  they  shall,  at  all  crossings  and  at  all 
points  where  a railroad  shall  begin  or  terminate  at  or 
near  any  other  railroad,  form  proper  connections,  so 
that  the  cars  of  any  such  railroad  companies  may  be 
speedily  transferred  from  one  railroad  to  another.  All 
railroad  companies  shall  receive  and  transport  each 
the  other’s  passengers,  tonnage  and  cars  without  delay 
or  discrimination. 


STATE  CONSTITUTION. 


175 


Sec.  14.  No  railroad  company  or  other  common 
carrier  shall  combine  or  make  any  contract  with  the  ^fnations°S 
owners  of  any  vessel  that  leaves  port  or  makes  port  in  forbldden- 
this  state,  or  with  any  common  carrier,  by  which  com- 
bination or  contract  the  earnings  of  one  doing  the 
carrying  are  to  be  shared  by  the  other  not  doing  the 
carrying. 

Sec.  15.  No  discrimination  in  charges  or  facilities  Sorfin^rSes 
for  transportation  shall  be  made  by  any  railroad  or  other  forbldden- 
transportation  company  between  places  or  persons,  or 
in  the  facilities  for  the  transportation  of  the  same  classes 
of  freight  or  passengers  within  the  state,  or  coming 
from  or  going  to  any  other  state.  Persons  and  prop- 
erty transported  over  any  railroad,  or  by  any  other 
transportation  company,  or  individual,  shall  be  de- 
livered at  any  station,  landing  or  port,  at  charges  not 
exceeding  the  charges  for  the  transportation  of  persons 
and  property  of  the  same  class,  in  the  same  direction, 
to  any  more  distant  station,  port  or  landing.  Excursion 
and  commutation  tickets  may  be  issued  at  special  rates. 

Sec.  16.  No  railroad  corporation  shall  consolidate  sfcaii  not 
its  stock,  property  or  franchises  with  any  other  rail- 
road corporation  owning  a competing  line. 

Sec.  17.  The  rolling  stock  and  other  moveable  prop-  ftc1Hconsid-k’ 
erty  belonging  to  any  railroad  company  or  corpora-  sonaipropeny' 
tion  in  this  state  shall  be  considered  personal  property, 
and  shall  be  liable  to  taxation  and  to  execution  and  sale 
in  the  same  manner  as  the  personal  property  of  indi- 
viduals, and  such  property  shall  not  be  exempted  from 
execution  and  sale. 

Sec.  18.  The  legislature  shall  pass  laws  establishing  of 

reasonable  maximum  rates  of  charges  for  the  transpor-  ^egfsiaSturye 
tation  of  passengers  and  freight,  and  to  correct  abuses, 
and  to  prevent  discrimination  and  extortion  in  the 
rates  of  freight  and  passenger  tariffs  on  the  different 
railroads  and  other  common  carriers  in  the  state,  and 
shall  enforce  such  laws  by  adequate  penalties.  A rail- 
road and  transportation  commission  may  be  established 
and  its  powers  and  duties  fully  defined  by  law. 

Sec.  19.  Any  association  or  corporation,  or  the 


176 


STATE  CONSTITUTION. 


Telegraph 
and  telephone 
companies. 


Free  passes, 
discrimina- 
tion forbidden. 


Railroads 
shall  not  dis- 
criminate 
against  any 
express 
company. 


lessees  or  managers  thereof,  organized  for  the  purpose, 
or  any  individual,  shall  have  the  right  to  construct  and 
maintain  lines  of  telegraph  and  telephone  within  this 
state,  and  said  companies  shall  receive  and  transmit 
each  other’s  messages  without  delay  or  discrimination, 
and  all  such  companies  are  hereby  declared  to  be  com- 
mon carriers  and  subject  to  legislative  control.  Rail- 
road corporations  organized  or  doing  business  in  this 
state  shall  allow  telegraph  and  telephone  corporations 
and  companies  to  construct  and  maintain  telegraph 
lines  on  and  along  the  rights-of-way  of  such  railroads 
and  railroad  companies,  and  no  railroad  corporation 
organized  or  doing  business  in  this  state  shall  allow 
any  telegraph  corporation  or  company  any  facilities, 
privileges  or  rates  for  transportation  of  men  or  material, 
or  for  repairing  their  lines,  not  allowed  to  all  telegraph 
companies.  The  right  of  eminent  domain  is  hereby 
extended  to  all  telegraph  and  telephone  companies. 
The  legislature  shall,  by  general  law  of  uniform  opera- 
tion, provide  reasonable  regulations  to  give  effect  to 
this  section. 

Sec.  20.  No  railroad  or  other  transportation  com- 
pany shall  grant  free  passes,  or  sell  tickets  or  passes  at 
a discount,  other  than  as  sold  to  the  public  generally, 
to  any  member  of  the  legislature,  or  to  any  person 
holding  any  public  office  within  this  state.  The  legis- 
lature shall  pass  laws  to  carry  this  provision  into  effect. 

Sec.  21.  Railroad  companies  now  or  hereafter  or- 
ganized or  doing  business  in  this  state,  shall  allow  all 
express  companies  organized  or  doing  business  in  this 
state,  transportation  over  all  lines  of  railroad  owned  or 
operated  by  such  railroad  companies  upon  equal  terms 
with  any  other  express  company,  and  no  railroad  cor- 
poration organized  or  doing  business  in  this  state  shall 
allow  any  express  corporation  or  company  any  facili- 
ties, privileges  or  rates  for  transportation  of  men  or 
materials  or  property  carried  by  them,  or  for  doing 
the  business  of  such  express  companies,  not  allowed 
to  all  express  companies. 

Sec.  22.  Monopolies^and  trusts  shall  never  be  allowed 


STATE  CONSTITUTION. 


177 


in  this  state,  and  no  incorporated  company,  copartner- 
ship or  association  of  persons  in  this  state  shall  directly  monSopoaifes 
or  indirectly  combine  or  make  any  contract  with  any  forbldden- 
other  incorporated  company,  foreign  or  domestic, 
through  their  stockholders,  or  the  trustees  or  assignees 
of  such  stockholders,  or  with  any  copartnership  or  as- 
sociation of  persons,  or  in  any  manner  whatever,  for 
the  purpose  of  fixing  the  price  or  limiting  the  produc- 
tion or  regulating  the  transportation  of  any  product  or 
commodity.  The  Legislature  shall  pass  laws  for  the 
enforcement  of  this  section  by  adequate  penalties,  and 
in  case  of  incorporated  companies,  if  necessary  for  that 
purpose,  may  declare  a forfeiture  of  their  charter. 

ARTICLE  XIII.— STATE  INSTITUTIONS. 

Section  1.  Educational,  reformatory  and  penal  in-  Edu^uonai, 
stitutions ; those  for  the  benefit  of  blind,  deaf,  dumb  fnsutSns. 
or  otherwise  defective  youth,  for  the  insane  or  idiotic, 
and  such  other  institutions  as  the  public  good  may  re- 
quire, shall  be  fostered  and  supported  by  the  state, 
subject  to  such  regulations  as  may  be  provided  by  law, 

The  regents,  trustees,  or  commissioners  of  all  such  in- 
stitutions existing  at  the  time  of  the  adoption  of  this 
constitution,  and  of  such  as  shall  thereafter  be  estab- 
lished by  law,  shall  be  appointed  by  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate ; and 
upon  all  nominations  made  by  the  Governor,  the  ques- 
tion shall  be  taken  by  the  ayes  and  noes,  and  entered 
upon  the  journal. 

ARTICLE  XIV. — SEAT  OF  GOVERNMENT. 

Section  1.  The  Legislature  shall  have  no  power  to  Jo®a?ionent 
change,  or  to  locate  the  seat  of  government  of  this  state;  government, 
but  the  question  of  the  permanent  location  of  the  seat  how  chosen' 
of  government  of  the  state  shall  be  submitted  to  the 
qualified  electors  of  the  territory,  at  the  election  to  be 
held  for  the  adoption  of  this  constitution.  A majority 
of  all  the  votes  cast  at  said  election,  upon  said  question, 
shall  be  necessary  to  determine  the  permanent  loca- 
tion of  the  seat  of  government  for  the  state ; and  no 
place  shall  ever  be  the  seat  of  government  which  shall 
—12 


178 


STATE  CONSTITUTION. 


Temporary 

seat. 


How  changed. 


Capitol 

building. 


Harbor  line 
commission. 


not  receive  a majority  of  the  votes  cast  on  that  matter. 
In  case  there  shall  be  no  choice  of  location  at  said  first 
election,  the  Legislature  shall,  at  its  first  regular  ses- 
sion after  the  adoption  of  this  constitution,  provide  for 
submitting  to  the  qualified  electors  of  the  state,  at  the 
next  succeeding  general  election  thereafter,  the  ques- 
tion of  choice  of  location  between  the  three  places  for 
which  the  higest  number  of  votes  shall  have  been  cast 
at  the  said  first  election.  Said  Legislature  shall  pro- 
vide further  that  in  case  there  shall  be  no  choice  of 
location  at  said  second  election,  the  question  of  choice 
between  the  two  places  for  which  the  highest  number 
of  votes  shall  have  been  cast,  shall  be  submitted  in 
like  manner  to  the  qualified  electors  of  the  state  at  the 
next  ensuing  general  election  : Provided , That  until  the 
seat  of  government  shall  have  been  permanently 
located  as  herein  provided,  the  temporary  location 
thereof  shall  remain  at  the  city  of  Olympia. 

Sec.  2.  When  the  seat  of  government  shall  have 
been  located  as  herein  provided,  the  location  thereof 
shall  not  thereafter  be  changed  except  by  a vote  of 
two-thirds  of  all  the  qualified  electors  of  the  state  vot- 
ing on  that  question,  at  a general  election,  at  which 
the  question  of  location  of  the  seat  of  government 
shall  have  been  submitted  by  the  Legislature. 

Sec.  3.  The  Legislature  shall  make  no  appropriations 
or  expenditures  for  capitol  buildings  or  grounds,  except 
to. keep  the  territorial  capitol  buildings  and  grounds  in 
repair,  and  for  making  all  necessary  additions  thereto, 
until  the  seat  of  government  shall  have  been  perma- 
nently located,  and  the  public  buildings  are  erected  at 
the  permanent  capital  in  pursuance  of  law. 

ARTICLE  XV.— HARBORS  AND  TIDE  WATERS. 

Section  1.  The  Legislature  shall  provide  for  the  ap- 
pointment of  a commission  whose  duty  it  shall  be  to 
locate  and  establish  harbor  lines  in  the  navigable 
waters  of  all  harbors,  estuaries,  bays  and  inlets  of  this 
state,  wherever  such  navigable  waters  lie  within  or  in 
front  of  the  corporate  limits  of  any  city  or  within  ore 


STATE  CONSTITUTION. 


179 


mile  thereof  upon  either  side.  The  state  shall  never 
give,  sell  or  lease  to  any  private  person,  corporation  or 
association  any  rights  whatever  in  the  waters  beyond 
such  harbor  lines,  nor  shall  any  of  the  area  lying  be- 
tween any  harbor  line  and  the  line  of  ordinary  high 
tide,  and  within  not  less  than  fifty  feet  nor  more  than 
600  feet  of  such  harbor  line  (as  the  commissioners 
shall  determine)  be  sold  or  granted  by  the  state,  nor  its 
right  to  control  the  same  relinquished,  but  such  area  Areas^reservcd 
shall  be  forever  reserved  for  landings,  wharves,  streets  and  landings- 
and  other  conveniences  of  navigation  and  commerce. 

Sec.  2.  The  Legislature  shall  provide  general  laws 
for  the  leasing  of  the  right  to  build  and  maintain  and  docks, 
wharves,  docks  and  other  structures  upon  the  areas 
mentioned  in  section  1 of*  this  article,  but  no  lease 
shall  be  made  for  any  term  longer  than  thirty  years, 
or  the  Legislature  may  provide  by  general  laws  for  the 
building  and  maintaining  upon  such  area,  wharves, 
docks  and  other  structures. 

Sec.  3.  Municipal  corporations  shall  have  the  right 
to  extend  their  streets  over  intervening  tide  lands  to 
and  across  the  area  reserved  as  herein  provided. 

ARTICLE  XVI.— SCHOOL  AND  GRANTED  LANDS. 

Section  1.  All  the  public  lands  granted  to  the  state  shaiinotbe 
are  held  in  trust  for  all  the  people,  and  none  of  such  yaiJemarket 
lands,  nor  any  estate  or  interest  therein,  shall  ever  be 
disposed  of  unless  the  full  market  value  of  the  estate 
or  interest  disposed  of,  to  be  ascertained  in  such  man- 
ner as  may  be  provided  by  law,  be  paid  or  safely  se- 
cured to  the  state  ; nor  shall  any  lands  which  the  state 
holds  by  grant  from  the  United  States  (in  any  case 
in  which  the  manner  of  disposal  and  minimum  price 
are  so  prescribed ) be  disposed  of  except  in  the  manner 
and  for  at  least  the  price  prescribed  in  the  grant 
thereof,  without  the  consent  of  the  United  States. 

Sec.  2.  None  of  the  lands  granted  to  the  state  for  Jdauncdastif^ai 
educational  purposes  shall  be  sold  otherwise  than  at  toSghest°ld 
public  auction  to  the  highest  bidder.  The  value  pimki auction, 
thereof,  less  the  improvements,  shall,  before  any  sale, 


180 


STATE  CONSTITUTION . 


School  lands, 
how  sold. 


Subdivision  of. 


Investment 
of  funds. 


Claim  of  state. 


be  appraised  by  a board  of  appraisers,  to  be  provided 
by  law,  the  terms  of  payment  also  to  be  prescribed  by 
law,  and  no  sale  shall  be  valid  unless  the  sum  bid  be 
equal  to  the  appraised  value  of  said  land.  In  estimat- 
ing the  value  of  said  lands  for  disposal,  the  value  of 
the  improvements  thereon  shall  be  excluded  : Provided , 
That  the  sale  of  all  school  and  university  land  hereto- 
fore made  by  the  commissioners  of  any  county  or  the 
university  commissioners,  when  the  purchase  price  has 
been  paid  in  good  faith,  may  be  confirmed  by  the  Leg- 
islature. 

Sec.  3.  No  more  than  one-fourth  of  the  land  granted 
to  the  state  for  educational  purposes  shall  be  sold  prior 
to  January  1, 1895,  and  not  more  than  one-half  prior  to 
January  1,  1905:  Promded,  That  nothing  herein  shall 
be  construed  as  to  prevent  the  state  from  selling  the  tim- 
ber or  stone  off  of  any  of  the  state  lands  in  such  manner 
and  on  such  terms  as  may  be  prescribed  by  law ; And 
provided  further , That  no  sale  of  timber  lands  shall  be 
valid  unless  the  full  value  of  such  lands  is  paid  or 
secured  to  the  state. 

Sec.  4.  No  more  than  one  hundred  and  sixty  (160) 
acres  of  any  granted  lands  of  the  state  shall  be  offered 
for  sale  in  one  parcel,  and  all  lands  within  the  limits 
of  any  incorporated  city,  or  within  two  miles  of  the 
boundary  of  any  incorporated  city,  where  the  valuation 
of  such  lands  shall  be  found  by  appraisement  to 
exceed  one  hundred  dollars  ($100)  per  acre,  shall,  be- 
fore the  same  be  sold,  be  platted  into  lots  and  blocks 
of  not  more  than  five  acres  in  a block,  and  not  more 
than  one  block  shall  be  offered  for  sale  in  one  parcel. 

Sec.  5.  None  of  the  permanent  school  fund  shall 
ever  be  loaned  to  private  persons  or  corporations,  but 
it  may  be  invested  in  national,  state,  county  or  munic- 
ipal bonds. 

ARTICLE  XVII.— TIDE  LANDS. 

Section  1.  The  State  of  Washington  asserts  its 
ownership  to  the  beds  and  shores  of  all  navigable  waters 
in  the  state  up  to  and  including  the  line  of  ordinary 
high  tide,  in  waters  where  the  tide  ebbs  and  flows,  and 


STATE  CONSTITUTION. 


181 


up  to  and  including  the  line  of  ordinary  high  water 
within  the  banks  of  all  navigable  rivers  and  lakes : 

Provided,  That  this  section  shall  not  be  construed  so  as 
to  debar  any  person  from  asserting  his  claim  to  vested 
rights  in  the  courts  of  the  state. 

Sec.  2.  The  State  of  Washington  disclaims  all  title  to 

in  and  claim  to  all  tide,  swamp  and  overflowed  lands  certam  lands- 
patented  by  the  United  States:  Provided,  The  same  is 
not  impeached  for  fraud. 

ARTICLE  XVIII.— STATE  SEAL. 

Section  1.  The  seal  of  the  State  of  Washington  Design  of. 
shall  be  a seal  encircled  with  the  words : “ The  seal  of 
the  State  of  Washington,”  with  the  vignette  of  Gen. 

George  Washington  as  the  central  figure,  and  beneath 
the  vignette  the  figures  “ 1889.” 

article  xix.— exemptions. 

Section  1.  The  Legislature  shall  protect  by  law  Homestead, 
from  forced  sale  a certain  portion  of  the  homestead 
and  other  property  of  all  heads  of  families. 

article  xx.— public  health  and  vital  statistics. 

Section  1.  There  shall  be  established  by  law  a state  ?oardof 

f > # health. 

board  of  health  and  a bureau  of  vital  statistics  in  con- 
nection therewith,  with  such  powers  as  the  Legislature 
may  direct. 

Sec.  2.  The  Legislature  shall  enact  laws  to  regulate  Practice  of 
the  practice  of  medicine  and  surgery,  and  the  sale  of 
drugs  and  medicines. 

ARTICLE  XXI. — WATER  AND  WATER  RIGHTS. 

Section  1.  The  use  of  the  waters  of  the  state  for  ir-  water  rights, 
rigation,  mining  and  manufacturing  purposes  shall  be 
deemed  a public  use. 

ARTICLE  XXII. — LEGISLATIVE  APPORTIONMENT. 

Section  1.  Until  otherwise  provided  by  law,  the  state  First  aPPor- 
shall  be  divided  into  twenty-four  (24)  senatorial  dis- 
tricts,  and  said  districts  shall  be  constituted  and  num- 
bered as  follows : The  counties  of  Stevens  and  Spokane 
shall  constitute  the  first  district,  and  be  entitled  to  one 
senator;  the  county  of  Spokane  shall  constitute  the 
second  district,  and  be  entitled  to  three  senators  ; the 


182 


STATE  CONSTITUTION. 


county  of  Lincoln  shall  constitute  the  third  district, 
and  be  entitled  to  one  senator;  the  counties  of  Okano- 
gan, Lincoln,  Adams  and  Franklin  shall  constitute  the 
fourth  district,  and  be  entitled  to  one  senator ; the 
county  of  Whitman  shall  constitute  the  fifth  district, 
and  be  entitled  to  three  senators ; the  counties  of  Gar- 
field and  Asotin  shall  constitute  the  sixth  district,  and 
be  entitled  to  one  senator ; the  county  of  Columbia 
shall  constitute  the  seventh  district,  and  be  entitled  to 
one  senator;  the  county  of  Walla  Walla  shall  consti- 
tute the  eighth  district,  and  be  entitled  to  two  senators  ; 
the  counties  of  Yakima  and  Douglas  shall  constitute 
the  ninth  district,  and  be  entitled  to  one  senator ; the 
county  of  Kittitas  shall  constitute  the  tenth  district, 
and  be  entitled  to  one  senator ; the  counties  of  Klick- 
itat and  Skamania  shall  constitute  the  eleventh  dis- 
trict, and  be  entitled  to  one  senator ; the  county  of 
Clarke  shall  constitute  the  twelfth  district,  and  be  en- 
titled to  one  senator ; the  county  of  Cowlitz  shall  con- 
stitute the  thirteenth  district,  and  be  entitled  to  one 
senator ; the  county  of  Lewis  shall  constitute  the 
fourteenth  district,  and  be  entitled  to  one  senator ; the 
counties  of  Pacific  and  Wahkiakum  shall  constitute 
the  fifteenth  district,  and  be  entitled  to  one  senator ; 
the  county  of  Thurston  shall  constitute  the  sixteenth 
district,  and  be  entitled  to  one  senator ; the  county  of 
Chehalis  shall  constitute  the  seventeenth  district,  and 
be  entitled  to  one  senator ; the  county  of  Pierce  shall 
constitute  the  eighteenth  district,  and  be  entitled  to 
three  senators ; the  county  of  King  shall  constitute  the 
nineteenth  district,  and  be  entitled  to  five  senators ; 
the  counties  of  Mason  and  Kitsap  shall  constitute  the 
twentieth  district,  and  be  entitled  to  one  senator ; the 
counties  of  Jefferson,  Clallam  and  San  Juan  shall  con- 
stitute the  twenty-first  district,  and  be  entitled  to  one 
senator ; the  county  of  Snohomish  shall  constitute  the 
twenty-second  district,  and  shall  be  entitled  to  one 
senator ; the  counties  of  Skagit  and  Island  shall  con- 
stitute the  twenty-third  district,  and  be  entitled  to  one 


STATE  CONSTITUTION. 


183 


senator ; the  county  of  Whatcom  shall  constitute  the 
twenty-fourth  district,  and  be  entitled  to  one  senator. 

Sec.  2.  Until  otherwise  provided  by  law,  the  repre- 
sentatives  shall  be  devided  among  the  several  counties  ^trr®c®stative 
of  the  state  in  the  following  manner : The  county  of 
Adams  shall  have  one  representative;  the  county  of 

Asotin  shall  have  one  representative;  the  county  of 

Chehalis  shall  have  two  representatives ; the  county  of 
Clarke  shall  have  three  representatives;  the  county  of 
Clallam  shall  have  one  representative ; the  county  of 
Columbia  shall  have  two  representatives  ; the  county  of 
Cowlitz  shall  have  one  representative ; the  county  of 

Douglas  shall  have  one  representative  ; the  county  of 

Franklin  shall  have  one  representative ; the  county  of 
Garfield  shall  have  one  representative ; the  county  of 
Island  shall  have  one  representative ; the  county  of  Jef- 
ferson shall  have  two  representatives;  the  county  of 
King  shall  have  eight  representatives ; the  county  of 
Klickitat  shall  have  two  representatives ; the  county  of 
Kittitas  shall  have  two  representatives ; the  county  of 
Kitsap  shall  have  one  representative ; the  county  of 
Lewis  shall  have  two  representatives ; the  county  of 
Lincoln  shall  have  two  representatives;  the  county  of 
Mason  shall  have  one  representative  ; the  county  of 
Okanogan  shall  have  one  representative ; the  county  of 
Pacific  shall  have  one  representative ; the  county  of 
Pierce  shall  have  six  representatives  ; the  county  of  San 
Juan  shall  have  one  representative;  the  county  of 
Skamania  shall  have  one  representative ; the  county  of 
Snohomish  shall  have  two  representatives ; the  county 
of  Skagit  shall  have  two  representatives ; the  county  of 
Spokane  shall  have  six  representatives ; the  county  of 
Stevens  shall  have  one  representative ; the  county  of 
Thurston  shall  have  two  representatives ; the  county  of 
Walla  Walla  shall  have  three  representatives ; the 
county  of  Wahkiakum  shall  have  one  representative; 
the  county  of  Whatcom  shall  have  two  representatives ; 
the  county  of  Whitman  shall  have  five  representatives ; 
the  county  of  Yakima  shall  have  one  representative. 


184 


STATE  CONSTITUTION. 


State  consti- 
tution, how 
amended. 


Convention 
to  amend 
constitution, 
how  called. 


Voters  must 
ratify. 


Boundaries  of 
state  defined. 


ARTICLE  XXIII.  — AMENDMENTS. 

Section  1.  Any  amendment  or  amendments  to  this 
constitution  may  be  proposed  in  either  branch  of  the 
Legislature,  and  if  the  same  shall  be  agreed  to  by  two- 
thirds  of  the  members  elected  to  each  of  the  two  houses, 
such  proposed  amendment  or  amendments  shall  be 
entered  in  their  journals,  with  the  ayes  and  noes  there- 
on, and  be  submitted  to  the  qualified  electors  of  the 
state  for  their  approval,  at  the  next  general  election,  and 
if  the  people  approve  and  ratify  such  amendment  or 
amendments,  by  a majority  of  the  electors  voting  thereon, 
the  same  shall  become  part  of  this  constitution,  and 
proclamation  thereof  shall  be  made  by  the  Governor : 
Provided , That  if  more  than  one  amendment  be  sub- 
mitted, they  shall  be  submitted  in  such  a manner  that 
the  people  may  vote  for  or  against  such  amendments 
separately.  The  Legislature  shall  also  cause  the  amend- 
ments that  are  to  be  submitted  to  the  people  to  be  pub- 
lished for  at  least  three  months  next  preceding  election, 
in  some  weekly  newspaper  in  every  county  where  a 
newspaper  is  published  throughout  the  state. 

Sec.  2.  Whenever  two-thirds  of  the  members  elected 
to  each  branch  of  the  Legislature  shall  deem  it  neces- 
sary to  call  a convention  to  revise  or  amend  this  con- 
stitution, they  shall  recommend  to  the  electors  to  vote 
at  the  next  general  election  for  or  against  a conven- 
tion, and  if  a majority  of  all  the  electors  voting  at  said 
election  shall  have  voted  for  a convention,  the  Legisla- 
ture shall,  at  the  next  session,  provide  by  law  for  call- 
ing the  same ; and  such  convention  shall  consist  of  a 
number  of  members  not  less  than  that  of  the  most  nu- 
merous branch  of  the  Legislature. 

Sec.  3.  Any  constitution  adopted  by  such  conven- 
tion shall  have  no  validity  until  it  has  been  submitted 
to  and  adopted  by  the  people. 

ARTICLE  XXIV.  — BOUNDARIES. 

Section  1.  The  boundaries  of  the  State  of  Washing- 
ton shall  be  as  follows : Beginning  at  a point  in  the 
Pacific  ocean  one  marine  league  due  west  of  and  oppo- 


STATE  CONSTITUTION. 


185 


site  the  middle  of  the  mouth  of  the  north  ship  channel 
of  the  Columbia  river,  thence  running  easterly  to  and 
up  the  middle  channel  of  said  river  and  where  it  is  di- 
vided by  islands  up  the  middle  of  the  widest  channel 
thereof  to  where  the  forty-sixth  parallel  of  north  lati- 
tude crosses  said  river,  near  the  mouth  of  the  Walla 
Walla  river  ; thence  east  on  said  forty-sixth  parallel  of 
latitude  to  the  middle  of  the  main  channel  of  the  Sho- 
shone or  Snake  river  ; thence  follow  down  the  middle 
of  the  main  channel  of  Snake  river  to  a point  opposite 
the  mouth  of  the  Kooskooskia  or  Clear  Water  river ; 
thence  due  north  to  the  forty-ninth  parallel  of  north 
latitude ; thence  west  along  said  forty-ninth  parallel  of 
north  latitude  to  the  middle  of  the  channel  which  sep- 
arates Vancouver’s  Island  from  the  continent,  that  is 
to  say  to  a point  in  longitude  123.degrees,  19  minutes 
and  15  seconds  west;  thence  following  the  boundary 
line  between  the  United  States  and  British  possessions 
through  the  channel  which  separates  Vancouver’s 
Island  from  the  continent  to  the  termination  of  the 
boundary  line  between  the  United  States  and  British 
possessions  at  a point  in  the  Pacific  ocean  equi-distant 
between  Bonnilla  point  on  Vancouver’s  Island  and 
Tatoosh  Island  lighthouse  ; thence  running  in  a south- 
erly course  and  parallel  with  the  coast  line,  keeping 
one  marine  league  off  shore,  to  place  of  beginning. 

ARTICLE  XXV. — JURISDICTION. 

Section  1.  The  consent  of  the  State  of  Washington 
is  hereby  given  to  the  exercise,  by  the  congress  of  the 
United  States,  of  exclusive  legislation  in  all  cases  what- 
soever over  such  tracts  or  parcels  of  land  as  are  now 
held  or  reserved  by  the  government  of  the  United  States 
for  the  purpose  of  erecting  or  maintaining  thereon 
forts,  magazines,  arsenals,  dockyards,  lighthouses  and 
other  needful  buildings,  in  accordance  with  the  pro- 
visions of  the  seventeenth  paragraph  of  the  eighth 
section  of  the  first  article  of  the  constitution  of  the 
United  States,  so  long  as  the  same  shall  be  so  held  and 
reserved  by  the  United  States:  Provided , That  a suffi- 


United  States 
to  have  juris- 
diction over 
certain  tracts 
and  parcels 
of  land. 


186 


STATE  CONSTITUTION. 


Exception. 


Religious 

toleration 

guaranteed. 


Rights  to  un- 
appropriated 
public  lands 
disclaimed. 


cient  description  by  metes  and  bounds,  and  an  accurate 
plat  or  map  of  each  such  tract  or  parcel  of  land  be  filed 
in  the  proper  office  of  record  in  the  county  in  which 
the  same  is  situated,  together  with  copies  of  the  orders, 
deeds,  patents  or  other  evidences  in  writing  of  the  title 
of  the  United  States:  And  provided,  That  all  civil 
process  issued  from  the  courts  of  this  state,  and  such 
criminal  process  as  may  issue  under  the  authority  of 
this  state,  against  any  person  charged  with  crime  in 
cases  arising  outside  of  such  reservations,  may  be 
served  and  executed  thereon  in  the  same  mode  and 
manner,  and  by  the  same  officers,  as  if  the  consent 
herein  given  had  not  been  made. 

ARTICLE  XXVI.— COMPACT  WITH  THE  UNITED  STATES. 

The  following  ordinance  shall  be  irrevocable  without 
the  consent  of  the  United  States  and  the  people  of  this 
state : 

First : That  perfect  toleration  of  religious  sentiment 
shall  be  secured,,  and  that  no  inhabitant  of  this  state 
shall  ever  be  molested  in  person  or  property  on  account 
of  his  or  her  mode  of  religious  worship. 

Second:  That  the  people  inhabiting  this  state  do 
agree  and  declare  that  they  forever  disclaim  all  right 
and  title  to  the  unappropriated  public  lands  lying 
within  the  boundaries  of  this  state,  and  to  all  lands 
lying  within  said  limits  owned  or  held  by  any  Indian 
or  Indian  tribes ; and  that,  until  the  title  thereto  shall 
have  been  extinguished  by  the  United  State,  the  same 
shall  be  and  remain  subject  to  the  disposition  of  the 
United  States,  and  said  Indian  lands  shall  remain 
under  the  absolute  jurisdiction  and  control  of  the  Con- 
gress of  the  United  States,  and  that  the  lands  belong- 
ing to  citizens  of  the  United  States  residing  without 
the  limits  of  this  state  shall  never  be  taxed  at  a higher 
rate  than  the  lands  belonging  to  residents  thereof,  and 
that  no  taxes  shall  be  imposed  by  the  state  on  lands  or 
property  therein  belonging  to  or  which  may  be  here- 
after purchased  by  the  United  States  or  reserved  for 
use:  Provided , That  nothing  in  this  ordinance  shall 
preclude  the  state  from  taxing,  as  other  lands  are 


STATE  CONSTITUTION. 


187 


taxed,  any  lands  owned  or  held  by  any  Indian  who  has 
severed  his  tribal  relation,  and  has  obtained  from  the 
United  States  or  from  any  person  a title  thereto  by 
patent  or  other  grant,  save  and  except  such  lands  as 
have  been  or  may  be  granted  to  any  Indian  or  Indians 
under  any  act  of  Congress  containing  a provision 
exempting  the  lands  thus  granted  from  taxation, 
which  exemption  shall  continue  so  long  and  to  such  an 
extent  as  such  act  of  Congress  may  prescribe. 

Third:  The  debts  and  liabilities *of  the  Territory  of 
Washington,  and  payment  of  the  same,  are  hereby 
assumed  by  this  state. 

Fourth:  Provision  shall  be  made  for  the  establish- 
ment and  maintenance  of  systems  of  public  schools 
free  from  sectarian  control,  which  shall  be  open  to  all 
the  children  of  said  state. 

ARTICLE  XX VII.— SCHEDULE. 

In  order  that  no  inconvenience  may  arise  by  reason 
of  a change  from  a territorial  to  a state  government,  it 
is  hereby  declared  and  ordained  as  follows  : 

Section  I.  No  existing  rights,  actions,  suits,  pro- 
ceedings, contracts  or  claims  shall  be  affected  by  a 
change  in  the  form  of  government,  but  all  shall  con- 
tinue as  if  no  change  had  taken  place ; and  all  process 
which  may  have  been  issued  under  the  authority  of 
the  Territory  of  Washington  previous  to  its  admission 
into  the  Union  shall  be  as  valid  as  if  issued  in  the 
name  of  the  state. 

Sec.  2.  All  laws  now  in  force  in  the  Territory  of 
Washington,  which  are  not  repugnant  to  this  constitu- 
tion, shall  remain  in  force  until  they  expire  by  their 
own  limitation,  or  are  altered  or  repealed  by  the  legis- 
lature: Provided , That  this  section  shall  not  be  so 
construed  as  to  validate  any  act  of  the  legislature  of 
Washington  Territory  granting  shore  or  tide  lands  to 
any  person,  company  or  any  municipal  or  private  cor- 
poration. 

Sec.  3.  All  debts,  fines,  penalties  and  forfeitures, 
which  have  accrued,  or  may  hereafter  accrue,  to  the 


Debts  of  terri- 
tory assumed. 


System  of 
public  schools 
guaranteed. 


Laws  of  Terri- 
tory of  Wash- 
ington valid. 


Debts,  fines, 
etc.,  inure 
to  state. 


188 


STATE  CONSTITUTION. 


Recognizances 
taken  under 
territorial  gov- 
ernment valid 
under  state 
government. 


Penal  actions. 


Territory  of  Washington,  shall  inure  to  State  of  Wash- 
ington. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which 
may  be  taken  before  the  change  from  a territorial  to  a 
state  government,  shall  remain  valid,  and  shall  pass  to 
and  may  be  prosecuted  in  the  name  of  the  state,  and 
all  bonds  executed  to  the  Territory  of  Washington  or 
to  any  county  or  municipal  corporation,  or  to  any  offi- 
cer or  court  in  his  or  its  official  capacity,  shall  pass  to 
the  state  authorities  and  their  successors  in  office,  for 
the  uses  therein  expressed,  and  may  be  sued  for  and 
recovered  accordingly,  and  all  the  estate,  real,  per- 
sonal and  mixed,  and  all  judgments,  decrees,  bonds, 
specialties,  choses  in  action,  and  claims  or  debts,  of 
whatever  description,  belonging  to  the  Territory  of 
Washington,  shall  inure  to  and  vest  in  the  State  of 
Washington,  and  may  be  sued  for  and  recovered  in 
the  same  manner,  and  to  the  same  extent,  by  the  State 
of  Washington,  as  the  same  could  have  been  by  the 
Territory  of  Washington. 

Sec.  5.  All  criminal  prosecutions  and  penal  actions 
which  may  have  arisen,  or  which  may  arise,  before 
the  change  from  a territorial  to  a state  government, 
and  which  shall  then  be  pending,  shall  be  prosecuted 
to  judgment  and  execution  in  the  name  of  the  state. 
All  offenses  committed  against  the  laws  of  the  Terri- 
tory of  Washington,  before  the  change  from  a terri- 
torial to  state  government,  and  which  shall  not  be 
prosecuted  before  such  change,  may  be  prosecuted  in 
the  name  and  by  the  authority  of  the  State  of  Wash- 
ington, with  like  effect  as  though  such  change  had  not 
taken  place ; and  all  penalties  incurred  shall  remain 
the  same  as  if  this  constitution  had  not  been  adopted. 
All  actions  at  law  and  suits  in  equity  which  may  be 
pending  in  any  of  the  courts  of  the  Territory  of  Wash- 
ington, at  the  time  of  the  change  from  a territorial  to 
a state  government,  shall  be  continued  and  transferred 
to  the  court  of  the  state  having  jurisdiction  of  the  sub- 
ject matter  thereof. 

Sec.  6.  All  officers  now  holding  their  office  under 


STATE  CONSTITUTION. 


189 


the  authority  of  the  United  States,  or  of  the  Territory 
of  Washington,  shall  continue  to  hold  and  exercise 
their  respective  offices  until  they  shall  be  superseded  by 
the  authority  of  the  state. 

Sec.  7.  All  officers  provided  for  in  this  constitution, 
including  a county  clerk  for  each  county,  when  no 
other  time  is  fixed  for  their  election,  shall  be  elected  at 
the  election  to  be  held  for  the  adoption  of  this  consti- 
tution on  the  first  Tuesday  of  October,  1889. 

Sec.  8.  Whenever  the  judge  of  the  superior  court  of 
any  county,  elected  or  appointed  under  the  provisions 
of  this  constitution,  shall  have  qualified,  the  several 
causes  then  pending  in  the  district  court  of  the  terri- 
tory, except  such  causes  as  would  have  been  within 
the  exclusive  jurisdiction  of  the  United  States  District 
Court,  had  such  court  existed  at  the  time  of  the  com- 
mencement of  such  causes  within  such  county,  and  the 
records,  papers  and  proceedings  of  said  district  court, 
and  the  seal  and  other  property  pertaining  thereto, 
shall  pass  into  the  jurisdiction  and  possession  of  the 
superior  court  of  such  county.  And  where  the  judge 
is  elected  for  two  or  more  counties,  it  shall  be  the  duty 
of  the  clerk  of  the  district  court  having  custody  of  such 
papers  and  records  to  transmit  to  the  clerk  of  such 
county  or  counties,  other  than  that  in  which  such  rec- 
ords are  kept,  the  original  papers  in  all  cases  pending 
in  such  district  and  belonging  to  the  jurisdiction  of 
such  county  or  counties,  together  with  transcript  of  so 
much  of  the  records  of  said  district  court  as  relate  to 
the  same;  and  until  the  district  courts  of  the  territory 
shall  be  superseded  in  manner  aforesaid,  the  said  dis- 
trict courts  and  the  judges  thereof  shall  continue  with 
the  same  jurisdiction  and  powers,  to  be  exercised  in  the 
same  judicial  districts,  respectively,  as  heretofore  con- 
stituted under  the  laws  of  the  territory.  Whenever  a 
quorum  of  the  judges  of  the  Supreme  Court  of  the  state 
shall  have  been  elected  and  qualified,  the  causes  then 
pending  in  the  Supreme  Court  of  the  territory,  except 
such  causes  as  would  have  been  within  the  exclusive 
jurisdiction  of  the  United  States  Circuit  Court,  had 


Public  officers, 


First  election 
of  officers. 


Courts,  trans- 
fer of  cases. 


190 


STATE  CONSTITUTION. 


such  court  existed  at  the  time  of  the  commencement  of 
such  causes,  and  the  papers,  records  and  proceedings 
of  said  court,  and  the  seal  and  other  property  pertain- 
ing thereto,  shall  pass  into  the  jurisdiction  and  posses- 
sion of  the  Supreme  Court  of  the  state,  and  until  so 
superseded,  the  Supreme  Court  of  the  territory  and  the 
judges  thereof  shall  continue  with  like  powers  and  jur- 
isdiction as  if  this  constitution  had  not  been  adopted. 

court  seals.  Sec.  9.  Until  otherwise  provided  by  law,  the  seal 
now  in  use  in  the  Supreme  Court  of  the  Territory  shall 
be  the  seal  of  the  Supreme  Court  of  the  State.  The 
seal  of  the  superior  courts  of  the  several  counties  of  the 
state  shall  be,  until  otherwise  provided  by  law,  the 
vignette  of  General  George  Washington,  with  the 

words:  u Seal  of  the  superior  court  of county,” 

surrounding  the  vignette.”  The  seal  of  municipali- 
ties, and  of  all  county  officers  of  the  territory,  shall  be 
the  seals  of  such  municipalities  and  county  officers,  re- 
spectively, under  the  state,  until  otherwise  provided  by 
law. 

cars°ebsatobeUrt  Sec.  10.  When  the  state  is  admitted  into  the  Union, 

toasupee5or  and  the  superior  courts  in  their  respective  counties  or- 
ganized, the  books,  records,  papers  and  proceedings  of 
the  probate  court  in  each  county,  and  all  causes  and 
matters  of  administration  pending  therein,  shall,  upon 
the  expiration  of  the  term  of  office  of  the  probate  judges, 
on  the  second  Monday  in  January,  1891,  pass  into  the 
jurisdiction  and  possession  of  the  superior  court  of  the 
same  county  created  by  this  constitution,  and  the  said 
court  shall  proceed  to  final  judgment  or  decree,  order 
or  other  determination,  in  the  several  matters  and 
causes  as  the  territorial  probate  court  might  have  done 
if  this  constitution  had  not  been  adopted.  And  until 
the  expiration  of  the  term  of  office  of  the  probate 
judges,  such  probate  judges  shall  perform  the  duties 
now  imposed  upon  them  by  the  laws  of  the  territory. 
The  superior  courts  shall  have  appellate  and  revisory 
jurisdiction  over  the  decisions  of  the  probate  courts,  as 
now  provided  by  law,  until  such  latter  courts  expire  by 
limitation. 


STATE  CONSTITUTION. 


191 


Sec.  11.  The  Legislature,  at  its  first  session,  shall 
provide  for  the  election  of  all  officers  whose  election  is 
not  provided  for  elsewhere  in  this  constitution,  and  fix 
the  time  for  commencement  and  duration  of  their  term. 

Sec.  12.  In  case  of  a contest  of  election  between 


candidates,  at  the  first  general  election  under  this 
constitution,  for  judges  of  the  Superior  Courts,  the 
evidence  shall  be  taken  in  the  manner  prescribed  by 
the  territorial  laws,  and  the  testimony  so  taken  shall 
be  certified  to  the  Secretary  of  State;  and  said  officer, 
together  with  the  Governor  and  Treasurer  of  State, 
shall  review  the  evidence  and  determine  who  is  entitled 
to  the  certificate  of  election. 

Sec.  13.  One  representative  in  the  congress  of  the  Repre- 

L ° sentative 

United  States  shall  be  elected  from  the  state  at  large,  in  congress, 
at  the  first  election  provided  for  in  this  constitution ; 
and  thereafter  at  such  times  and  places  and  in  such 
manner  as  may  be  prescribed  by  law.  When  a new 
apportionment  shall  be  made  by  congress,  the  Legis- 
lature shall  divide  the  state  into  congressional  districts, 
in  accordance  with  such  apportionment.  The  vote  cast 
for  representative  in  congress,  at  the  first  election,  shall 
be  canvassed  and  the  result  determined  in  the  manner 
provided  for  by  the  laws  of  the  territory  for  the  canvass 
of  the  vote  for  delegate  in  congress. 

Sec.  14.  All  district,  county  and  precinct  officers,  District. 

7 d 1 7 county  and 

who  may  be  in  office  at  the  time  of  the  adoption  of  ggcere  tohoid 
this  constitution,  and  the  county  clerk  of  each  county  offlce until i89i. 
elected  at  the  first  election,  shall  hold  their  respective 
offices  until  the  second  Monday  of  January,  A.  D.  1891, 
and  until  such  time  as  their  successors  may  be  elected 
and  qualified,  in  accordance  with  the  provisions  of  this 
constitution ; and  the  official  bonds  of  all  such  officers 
shall  continue  in  full  force  and  effect  as  though  this 
constitution  had  not  been  adopted.  And  such  officers 
shall  continue  to  receive  the  compensation  now  pro- 
vided until  the  same  be  changed  by  law. 

Sec.  15.  The  election  held  at  the  time  of  the  adop-  Ejection  t° 

r adopt  consti- 

tion  of  this  constitution  shall  be  held  and  conducted  in  J;^n,  ^ow 


192 


STATE  CONSTITUTION. 


State  constitu- 
tion in  effect, 
when. 


Separate 

articles 

submitted. 


Female 

suffrage. 


Prohibition 

article. 


Form  of  ballot. 


all  respects  according  to  the  laws  of  the  territory,  and 
the  votes  cast  at  said  election  for  all  officers  (where  no 
other  provisions  are  made  in  this  constitution),  and 
for  the  adoption  of  this  constitution  and  the  several 
separate  articles,  and  the  location  of  the  state  capital, 
shall  be  canvassed  and  returned  in  the  several  counties 
in  the  manner  provided  by  territorial  law,  and  shall  be 
returned  to  the  Secretary  of  the  Territory  in  the 
manner  provided  by  the  enabling  act. 

Sec.  16.  The  provisions  of  this  constitution  shall  be 
in  force  from  the  day  on  which  the  president  of  the 
United  States  shall  issue  his  proclamation  declaring 
the  State  of  Washington  admitted  into  the  Union,  and 
the  terms  of  all  officers  elected  at  the  first  election  under 
the  provisions  of  this  constitution  shall  commence  on 
the  Monday  next  succeeding  the  issue  of  said  procla- 
mation, unless  otherwise  provided  herein. 

Sec.  17.  The  following  separate  articles  shall  be  sub- 
mitted to  the  people  for  adoption  or  rejection  at  the 
election  for  the  adoption  of  this  constitution : Separate 
article  No.  1.  “All  persons,  male  and  female,  of  the  age 
of  21  years,  or  over,  possessing  the  qualifications,  pro- 
vided by  this  constitution,  shall  be  entitled  to  vote  at 
all  elections.”  Separate  article  No.  2.  “It  shall  not  be 
lawful  for  any  individual,  company  or  corporation, 
within  the  limits  of  this  state,  to  manufacture,  or  cause 
to  be  manufactured,  or  to  sell,  or  offer  for  sale,  or  in 
any  manner  dispose  of,  any  alcoholic,  malt  or  spirituous 
liquors,  except  for  medicinal,  sacramental  or  scientific 
purposes.”  If  a majority  of  the  ballots  cast  at  said 
election  on  said  separate  articles  be  in  favor  of  the 
adoption  of  either  of  said  separate  articles,  then  such 
separate  articles  so  receiving  a majority  shall  become 
a part  of  this  constitution  and  shall  govern  and  con- 
trol any  provision  of  the  constitution  in  conflict  there- 
with. 

Sec.  18.  The  form  of  ballot  to  be  used  in  voting  for 
or  against  this  constitution,  or  for  or  against  the  separate 


STATE  CONSTITUTION. 


193 


articles,  or  for  the  permanent  location  of  the  seat  of 
government,  shall  be : 

1.  For  the  Constitution. 

Against  the  Constitution. 

2.  For  Woman  Suffrage  Article. 

Against  Woman  Suffrage  Article. 

3.  For  Prohibition  Article. 

Against  Prohibition  Article. 

'4.  For  the  permanent  location  of  the  seat  of  Govern- 
ment. [Name  of  place  voted  for.] 

Sec.  19.  The  Legislature  is  hereby  authorized  to  ap- 
propriate from  the  state  treasury  sufficient  money  to 
pay  any  of  the  expenses  of  this  convention  not  provided 
for  by  the  enabling  act  of  congress. 


CERTIFICATE. 


We,  the  undersigned,  members  of  the  convention  to 
form  a constitution  for  the  State  of  Washington,  which 
is  to  be  submitted  to  the  people  for  their  adoption  or 
rejection,  do  hereby  declare  this  to  be  the  constitution 
formed  by  us,  and  in  testimony  thereof,  do  hereunto 
set  our  hands,  this  twenty-second  day  of  August,  anno 
domini,  one  thousand  eight  hundred  and  eighty-nine. 


JOHN  P.  HOYT,  President. 
J.  J.  BROWNE, 

N.  G.  BLALOCK. 

JOHN  F.  GOWEY, 
FRANK  M.  DALLAM, 
JAMES  Z.  MOORE, 

E.  H.  SULLIVAN. 
GEORGE  TURNER; 
AUSTIN  MIRES, 

M.  M.  GODMAN, 

GWIN  HICKS, 

WM.  F.  PROSSER, 

LOUIS  SOHNS, 

A.  A.  LINDSLEY, 

J.  J.  WEISEN BURGER, 

P.  C.  SULLIVAN, 

R.  S.  MORE, 

THOMAS  T.  MINOR, 

J.  J.  TRAVIS. 

ARNOLD  J.  WEST, 
CHARLES  T.  FAY, 
CHARLES  P.  COEY, 
ROBT  F.  STURDEVANT, 
JOHN  A.  SHOUDY, 
ALLEN  WEIR, 

W.  B.  GRAY, 

TRUSTEN  P.  DYER, 
GEO.  H.  JONES, 

B.  L.  SIIARPSTEIN, 

H.  M.  LILLIS, 

J.  F.  VAN  NAME, 
ALBERT  SCHOOLEY, 

H.  C.  WILLISON, 

T.  M.  REED, 

S.  H.  MANLY, 

RICHARD  JEFFS, 


FRANCIS  HENRY, 
GEORGE  COMEGYS, 
OLIVER  H.  JOY, 

DAVID  E DURIE, 

D.  BUCHANAN, 

JOHN  R.  KINNEAR. 
GEORGE  W.  TIBBETTS, 

H.  W.  FAIRWEATHER. 
THOMAS  C.  GRIFFITTS, 

C.  H.  WARNER, 

J.  P.  T.  McCROSKEY, 

S.  G.  COSGROVE, 

THOS.  HAYTON, 

SAM’L  H.  BERRY, 

D.  J.  CROWLEY, 

J.  T.  MCDONALD, 

JOHN  M.  REED. 

EDWARD  ELDRIDGE, 

GEO.  H.  STEVENSON, 
SILVIUS  A.  DICKEY, 
HENRY  WINSOR, 
THEODORE  L.  STILES, 
JAMES  A.  BURK, 

JOHN  McREAVY, 

R.  O.  DUNBAR, 

MORGAN  MORGANS, 

JAS.  POWER, 

B.  B.  GLASCOCK, 

O.  A.  BOWEN, 

HARRISON  CLOTHIER, 
MATT  J.  MCELROY, 

J.  T.  ESHELMAN, 

ROBERT  JAMIESON. 
HIRAM  E.  ALLEN, 

H.  F.  SUKSDORF, 

J.  C.  KELLOGG. 

’ JNO.  I.  BOOGE,  Chief  Clerk. 


Appropriation 
authorized  to 
pay  deficiency. 


—13 


